Salvaggio v Regina [2006] NSWCCA 327

New South Wales Court of Criminal Appeal

CITATION: Salvaggio v Regina [2006] NSWCCA 327

HEARING DATE(S): 25 August 2006

JUDGMENT DATE: 12 October 2006

JUDGMENT OF: Grove J at 1; Kirby J at 2; Hislop J at 3

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

CATCHWORDS: Criminal law - Sentencing - Weight given to duress - No error demonstrated.

Crimes Act 1900 - ss 97(1), 154C(2) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 32 Drug Misuse and Trafficking Act 1985 - s 10(1)

CASES CITED: Markarian v R (2005) 215 ALR 213 R v Bassett (unreported CCA 20/5/1994)

PARTIES: Applicant - Jacob Salvaggio Respondent - Regina

FILE NUMBER(S): CCA 2006/1295

COUNSEL: Applicant - Mr C. Steirn SC Respondent - Mr P. Barrett

SOLICITORS: Applicant - Philip Sim & Associates Respondent - New South Wales Director of Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 24/13/990

LOWER COURT JUDICIAL OFFICER: Sorby DCJ

LOWER COURT DATE OF DECISION: 18 November 2005

- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/1295

GROVE J KIRBY J HISLOP J

12 October 2006 Jacob SALVAGGIO v REGINA Judgment

1 GROVE J: I agree with Hislop J. 2 KIRBY J: I agree with Hislop J. HISLOP J: 3 This is an application for leave to appeal against sentence. 4 The applicant pleaded guilty on indictment to the following counts: 1. On 19 February 2004 at Strathfield NSW, being armed with an offensive weapon, namely a pistol, he did rob Michael Walsh of a Lexus motor vehicle and one mobile telephone being the property of Michael Walsh contrary to the Crimes Act 1900 s 97(1). 2. On 19 February 2004 at Silverwater NSW, being armed with an offensive weapon, namely a pistol, he did rob Amendra Pratap of a Nissan 200SX motor vehicle, one mobile telephone, one wallet and contents, the property of Amendra Pratap contrary to the Crimes Act 1900 s 97(1). 3. On 20 December 2003 being in company with other persons, he did rob another contrary to the Crimes Act 1900 s 97(1).