Leese v R [2007] NSWCCA 108

New South Wales Court of Criminal Appeal

CITATION: Leese v R [2007] NSWCCA 108

HEARING DATE(S): 04/04/2007

JUDGMENT DATE: 18 April 2007

JUDGMENT OF: McClellan CJ at CL at 1; Hoeben J at 2; Hall J at 27

DECISION: Leave to appeal refused.

CATCHWORDS: Criminal law - sentence appeal - use by sentencing judge of phrase "the community would be horrified to think that anything other than a full time custodial sentence would be appropriate" - was this an irrelevant consideration.

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

R v Way (2004) 60 NSWLR 168 CASES CITED: R v Zamagias [2002] NSWCCA 17 Veen v The Queen (No 2) (1987-88) 164 CLR 465 at 477-78

PARTIES: Darrel Patrick Leese - Applicant Crown - Respondent

FILE NUMBER(S): CCA 2007/383

COUNSEL: Ms A Francis - Applicant Ms N Noman - Respondent Crown

SOLICITORS: SE O'Connor, Solicitor for Legal Aid - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/2045

LOWER COURT JUDICIAL OFFICER: Knight DCJ

LOWER COURT DATE OF DECISION: 09/08/2006

IN THE COURT OF CRIMINAL APPEAL 2007/383

McCLELLAN CJ at CL HOEBEN J HALL J

Wednesday, 18 April 2007 Darrel Patrick LEESE v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with Hoeben J. 2 HOEBEN J: Offences and sentence On the day appointed for the commencement of his trial, the applicant pleaded guilty to one count of aggravated break enter and intimidate in the following terms: "On 6 July 2005 at Riverstone in the State of New South Wales in circumstances of aggravation namely being in the company of Adam David Rowe did break and enter the dwelling house of Tracey Thomas situate at 21 Riverstone Road and therein did commit a serious indictable offence namely did intimidate Tracey Thomas with intent to cause her to fear physical or mental harm."