Buddle v Regina [2006] NSWCCA 236

New South Wales Court of Criminal Appeal

CITATION: Buddle v Regina [2006] NSWCCA 236

HEARING DATE(S): 01/08/2006

JUDGMENT DATE: 3 August 2006

JUDGMENT OF: Spigelman CJ at 1; Hoeben J at 2; Rothman J at 45

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: Sentence appeal - discount for plea of guilty - failure to backdate sentences - change in family circumstances after sentence - discount for assistance to police.

LEGISLATION CITED: Crimes Act 1900

PARTIES: Brett Craig Buddle - Applicant Regina - Respondent Crown

FILE NUMBER(S): CCA 2006/980

COUNSEL: Applicant in person D Frearson SC - Respondent Crown

SOLICITORS: Applicant in person S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/41/0134

LOWER COURT JUDICIAL OFFICER: Phelan DCJ

LOWER COURT DATE OF DECISION: 20/10/2004

IN THE COURT OF CRIMINAL APPEAL 2006/980

SPIGELMAN CJ HOEBEN J ROTHMAN J

Thursday 3 August 2006 Brett Craig BUDDLE v REGINA JUDGMENT 1 SPIGELMAN CJ: I agree with Hoeben J. 2 HOEBEN J: Offences and sentence On 20 October 2004 the applicant was sentenced by Phelan DCJ in respect of seven break, enter and steal offences contrary to s112(1) Crimes Act 1900 (maximum sentence imprisonment for 14 years). The offences in counts 1 and 2 occurred on 31 October 2003, count 3 on 5 November 2003, count 4 on 28 November 2003, count 5 on 3 December 2003, count 6 on 5 December 2003 and count 7 on 8 December 2003. The applicant pleaded guilty to those offences on 30 August 2004. Three offences of disposing of stolen property at Port Kembla on 29 October 2003, 31 November 2003 and 8 December 2003 contrary to s188 Crimes Act 1900 (maximum sentence 10 years imprisonment) were dealt with on a Form 1. 3 In relation to each offence, the applicant was sentenced to a term of imprisonment with a non-parole period of 4 years to commence on 20 October 2004 and to expire on 19 October 2008 with a balance of term of 2 years to expire on 19 October 2010. Each sentence was to be served concurrently. 4 The applicant, who appears for himself, has challenged the severity of those sentences on a number of bases.