SIMPSON, Danielle v R [2007] NSWCCA 348

New South Wales Court of Criminal Appeal

CITATION: SIMPSON, Danielle v R [2007] NSWCCA 348

HEARING DATE(S): 8 October 2007

JUDGMENT DATE: 14 December 2007

JUDGMENT OF: Giles JA; Hulme J; Hislop J

DECISION: (1) Grant leave to appeal. (2) Appeal allowed. (3) Sentence quashed and in lieu thereof sentence the applicant to imprisonment for a non parole period of three years commencing on 18 March 2006 and expiring on 17 March 2009 with a balance of term of one year six months to commence on 18 March 2009 and expire on 17 September 2010. The applicant will be eligible for release to parole on 17 March 2009.

CATCHWORDS: CRIMINAL LAW - sentence - Henry guideline - rehabilitation considerations.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Fahs [2007] NSWCCA 26 CASES CITED: R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Simpson [2001] NSWCCA 534 Veen v The Queen (No 2) (1988) 164 CLR 465

PARTIES: Danielle Simpson v R

FILE NUMBER(S): CCA 2006/5272

COUNSEL: P Johnson (Appellant) T Thorpe (Crown)

SOLICITORS: Legal Aid Commission (Appellant) Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/0231

LOWER COURT JUDICIAL OFFICER: Bennett DCJ

LOWER COURT DATE OF DECISION: 8 December 2006

IN THE COURT OF CRIMINAL APPEAL 2006/5272

GILES JA HULME J HISLOP J

Friday 14 December 2007 Danielle SIMPSON v REGINA Judgment 1 THE COURT: On 17 October 2006 a District Court jury returned a verdict of guilty to an indictment that the applicant did "rob [the victim] of a digital camera, the property of [the victim], while being armed with an offensive weapon, namely a knife" contrary to the Crimes Act 1900, s 97(1). The maximum penalty for such an offence is 20 years imprisonment. 2 On 8 December 2006 the applicant was sentenced for that offence to a non parole period of four years imprisonment, to commence on 18 March 2006 and to expire on 17 March 2010 with a balance of term of two years imprisonment to commence on 18 March 2010 and expire on 17 March 2012. 3 The applicant has sought leave to appeal against that sentence. 4 The facts of the offence are that on 18 March 2006, the victim, a slightly built 20 year old woman, was walking in Bridge Road, Belmore toward Burwood Road where she was intending to catch a bus. She was carrying her digital camera in her right hand and a bag over her left shoulder. As she walked along she saw the applicant, who was physically much bigger than her, standing in front of her, saying "Give me your bag". The applicant grabbed the victim by the collar and took hold of her bag but the victim resisted and struggled to keep hold of her property.