Tapueluelu v R [2006] NSWCCA 113

New South Wales Court of Criminal Appeal

CITATION: Tapueluelu v R [2006] NSWCCA 113

HEARING DATE(S): 3 April 2006

JUDGMENT DATE: 3 April 2006

JUDGMENT OF: Simpson J at 1; Grove J at 45, 47; Howie J at 46

EX TEMPORE JUDGMENT DATE: 04/03/2006

DECISION: (i) application for leave to appeal against sentence granted; (ii) sentence imposed in respect of the offence of robbery being armed with an offensive weapon quashed, and in lieu thereof the applicant sentenced to imprisonment for five years to commence on 17 February 2007 and to expire on 16 February 2012, with a non-parole period of two years and three months, to commence on 17 February 2007 and expire on 16 May 2009. The first date on which the applicant would be eligible for release on parole is 16 May 2009.

CATCHWORDS: application for leave to appeal against severity of sentence - robbery in company - robbery armed with offensive weapon - pleas of guilty - imprisonment for eight years, non-parole period of six years - correct age and date of birth of applicant - prospects of rehabilitation - prior criminal record - previous offences dealt with in the Children's Court - recording of conviction in the Children's Court - whether trial judge erred in taking into account matters dealt with in Children's Court - evidence of other offences admissible if crime-free period of two years has not existed - offence of robbery in company aggravated by co-offender's possession of offensive weapon - joint criminal liability - sentencing judge intended to vary statutory ratio between head sentence and non-parole period - not put into effect in aggregate sentence - whether sentences manifestly excessive - accumulation of sentences -

Children (Criminal Proceedings) Act 1987, s14, s15, s3 LEGISLATION CITED: Crimes Act 1900, s97 Crimes (Sentencing Procedure) Act 199, s44(2)