Lea-Caton v Regina [2006] NSWCCA 285

New South Wales Court of Criminal Appeal

CITATION: Lea-Caton v Regina [2006] NSWCCA 285

HEARING DATE(S): 5 September 2006 JUDGMENT OF: Giles JA at 19; Sully J at 1; Latham J at 20

EX TEMPORE JUDGMENT DATE: 09/05/2006

DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed

LEGISLATION CITED: Crimes Act 1900

PARTIES: Stuart Wayne Lea-Caton Regina

FILE NUMBER(S): CCA 2006/1744

COUNSEL: P. Barrett - Crown S. Kluss - Applicant

SOLICITORS: S. Kavanagh - Crown Ross Hill & Associates - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/0057

LOWER COURT JUDICIAL OFFICER: Berman DCJ

LOWER COURT DATE OF DECISION: 9 December 2005

IN THE COURT OF CRIMINAL APPEAL 2006/1744

GILES JA SULLY J LATHAM J

5 September 2006 Stuart Wayne LEA-CATON v REGINA Judgment

1 SULLY J: Mr Stuart Wayne Lea-Caton applies for leave to appeal against sentences of imprisonment passed upon him in the Sydney District Court on 9 December 2005. 2 Mr Lea-Caton was presented before the Sydney District Court on 7 April 2005 and was so presented upon an indictment containing two counts. Count one charged the applicant with having taken part in a robbery while being armed with a dangerous weapon. Such an offence contravenes s 97(2) of the Crimes Act 1900 and it attracts upon conviction a statutory maximum penalty of relevantly imprisonment for twenty-five years. Count 2 in the indictment also charged a robbery whilst armed with a dangerous weapon and it attracted upon conviction the same statutory maximum penalty.