ABREU v R [2007] NSWCCA 267

New South Wales Court of Criminal Appeal

CITATION: ABREU v R [2007] NSWCCA 267

HEARING DATE(S): 8 August 2007

JUDGMENT DATE: 4 September 2007

JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 20; Harrison J at 21

DECISION: Leave to appeal refused

CATCHWORDS: CRIMINAL LAW – Appeal against sentence – multiple offences – break and enter and larceny – significant history of offending – whether Pearce incorrectly applied – totality

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v McNaughton (2006) 66 NSWLR 566 CASES CITED: Pearce v R (1998) 194 CLR 610 Thomson v R (2000) 49 NSWLR 383 Veen v The Queen (No 2) (1988) 164 CLR 465

PARTIES: Nelio Abreu (Appl) The Crown

FILE NUMBER(S): CCA 2007/3254

COUNSEL: T Game SC (Appl) G Rowling (Crown)

SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0572

LOWER COURT JUDICIAL OFFICER: Sorby DCJ

LOWER COURT DATE OF DECISION: 25 November 2005

IN THE COURT OF CRIMINAL APPEAL 2007/3254

McCLELLAN CJ at CL HOWIE J HARRISON J

TUESDAY, 4 SEPTEMBER 2007 ABREU, Nelio v R Judgment 1 McCLELLAN CJ at CL: The applicant pleaded guilty to a number of offences of varying degrees of gravity. He was sentenced on 25 November 2006. His application for leave to appeal his sentences was not filed until 30 May 2007 and is accordingly out of time. If the court is not persuaded that the overall sentence was excessive, the applicant accepts that the application should be disposed of by this Court refusing leave to appeal. 2 The offences for which the applicant was sentenced were as follows: