REGINA v HEIKKINEN [2006] NSWCCA 50

New South Wales Court of Criminal Appeal

CITATION: REGINA v HEIKKINEN [2006] NSWCCA 50

HEARING DATE(S): 14 February 2006

JUDGMENT DATE: 8 March 2006

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 5; Adams J at 17

DECISION: 1. In respect of the sentences for the offences committed on 8 December 2004 (armed robbery) and 10 December 2004 (larceny) the appeals are dismissed ; 2. In respect of the offences committed on 21 December (assault with intent to rob) and 22 December 2004 (armed robbery), the sentences are quashed and in lieu thereof the respondent is sentenced on each offence to concurrent sentences as follows: a non-parole period of 18 months to commence on 1 July 2005 and expire on 31 December 2006 with a balance of term of 18 months expiring on 30 June 2008; 3. In respect of the offences committed on 30 December 2004 (armed robbery and attempted armed robbery) the sentences are quashed. In lieu thereof the respondent is sentenced to concurrent sentences on each offence to concurrent sentences as follows: a non-parole period of 18 months to commence on 31 December 2005 and expire on 30 June 2007 with a balance of term of 18 months expiring on 31 December 2008.

CATCHWORDS: CRIMINAL LAW - SENTENCE APPEAL - Where Henry guidelines are used in regard to multiple offences, the principle of accumulation should be considered - CRIMINAL LAW - SENTENCE APPEAL - Whether an early guilty plea necessarily results in a full 25 per cent discount.

Bechar v Regina [2006] NSWCCA 1 Benitez v R [2006] NSWCCA 21 Markarian v The Queen [2005] HCA 25; 79 ALJR 1048 CASES CITED: R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66 R v Henry & Ors (1999) 46 NSWLR 346 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 The Queen v Pearce [1998] HCA 57; 194 CLR 610