Ross v Regina [2006] NSWCCA 65

Reported Decision : 160 A Crim R 526

New South Wales Court of Criminal Appeal

CITATION: Ross v Regina [2006] NSWCCA 65

HEARING DATE(S): 3 March 2006

JUDGMENT DATE: 15 March 2006

JUDGMENT OF: McClellan CJ at CL at 1; Rothman J at 2; Smart AJ at 3

DECISION: See para 54

CATCHWORDS: Armed robbery with an offensive weapon - combination of longstanding damage to most areas of intellectual function because of frontal lobe brain damage early in life, the consequent lack of education, the dysfunctional family and drug addiction leading to drug induced psychosis at time of offence - judge incorrectly treating certain matters as aggravating features - plea of guilty to armed robbery - first time in custody - head sentence of 5 years manifestly excessive.

LEGISLATION CITED: Children (Criminal Proceedings) Act Crimes (Sentencing Procedure) Act 1999

R v Engert (1995) 84 A Crim R 67 R v Hathaway [2005] NSWCCA 368 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Israil [2002] NSWCCA 285 R v Shankley [2003] NSWCCA 253 R v Solomon [2005] NSWCCA 158 R v Street [2005] NSWCCA 139 Veen v The Queen [No 2] (1988) 164 CLR 465

PARTIES: Michael Anthony Ross v Regina

FILE NUMBER(S): CCA 2005/2008CCAP

COUNSEL: (A) A Francis (C) D Woodburne

SOLICITORS: (A) S O'Connor (C) S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/31/10344

LOWER COURT JUDICIAL OFFICER: Andrew ADCJ

IN THE COURT OF CRIMINAL APPEAL 2005/2008CCAP MCCLELLAN CJ at CL ROTHMAN J SMART AJ