Arnold v Regina [2007] NSWCCA 188

New South Wales Court of Criminal Appeal

CITATION: Arnold v Regina [2007] NSWCCA 188

HEARING DATE(S): 8 May 2007

JUDGMENT DATE: 29 June 2007

JUDGMENT OF: Campbell JA at 1; Hidden J at 2; Smart AJ at 3

DECISION: Leave to appeal from the sentences imposed refused

CATCHWORDS: Criminal Law - Sentencing - Three offences of break and enter a building and commit a serious indictable offence - no arguable error demonstrated in sentencing - responsibility for health care - no expert evidence health care provided inadequate

LEGISLATION CITED: Sentencing (Criminal Procedure) Act 1999

CASES CITED: Nil

PARTIES: Robyn Gay Arnold v Regina

FILE NUMBER(S): CCA 2007/554

COUNSEL: (A) In Person (C) N Norman

SOLICITORS: (A) Unrepresented (C) S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/1148 & 05/11/0161

LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ

LOWER COURT DATE OF DECISION: 24/02/06

IN THE COURT OF CRIMINAL APPEAL

2007/554

CAMPBELL JA HIDDEN J SMART AJ

Friday, 29 June 2007

Robyn Gay Arnold v REGINA

Judgment

1 CAMPBELL JA: I agree with Smart AJ

2 HIDDEN J: I agree with Smart AJ

3 SMART AJ: Robyn Gay Arnold, the applicant, seeks leave to appeal against sentences of imprisonment imposed for three offences of break and enter a building and commit a serious indictable offence. The maximum penalty for such an offence is 14 years imprisonment. On the first of the three offences three other offences are to be taken into account, namely, goods in custody, (having possession of a credit card in the name of another In June 2004), using a false instrument (which involved altering a money order and cashing it in October 2003) and obtaining money by deception in October 2003.