DFS v Regina [2007] NSWCCA 77

New South Wales Court of Criminal Appeal

CITATION: DFS v Regina [2007] NSWCCA 77 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20 March 2007

JUDGMENT DATE: 27 March 2007

JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Hoeben J at 25

DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.

CATCHWORDS: Criminal law - sentencing - whether sentences excessive compared with those imposed on co-offenders - whether sentences excessive

PARTIES: DFS, Regina

FILE NUMBER(S): CCA 2006/2822

COUNSEL: T S Corish V Lydiard

SOLICITORS: S Kavanagh SE O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/31/0438

LOWER COURT JUDICIAL OFFICER: Coolahan DCJ

IN THE COURT OF CRIMINAL APPEAL 2006/2822

McCLELLAN CJ at CL BARR J HOEBEN J

27 MARCH 2007 DFS v REGINA Judgment 1 McCLELLAN CJ at CL : I agree with Barr J. 2 BARR J : The applicant, whom I shall call DFS, seeks leave to appeal against sentences imposed in the District Court. Having pleaded guilty in the Children's Court the applicant was committed to the District Court for sentence. It was convenient for the Crown to restate the several charges and two Indictments were presented, each accompanied by a schedule under the provisions of s32 Crimes (Sentencing Procedure) Act . The first Indictment was as follows - (1) On or about 30 May 2004 at Cooks Hill the applicant stole a motor vehicle namely a Nissan Coupe XIP 909 the property of Scott McKenzie.