Buadromo v R [2007] NSWCCA 43

New South Wales Court of Criminal Appeal

CITATION: Buadromo v R [2007] NSWCCA 43 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 5 February 2007

JUDGMENT DATE: 27 February 2007

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Buddin J at 40

DECISION: (i) leave to appeal granted, appeal allowed; (ii) sentence imposed in respect of Count 5 quashed; (iii) in respect of Count 5, the applicant re-sentenced to imprisonment with a non-parole period of one year and six months, commencing on 17 December 2009 and expiring on 16 June 2011, with a balance of term of three years and nine months, expiring on 16 March 2015.

CATCHWORDS: CRIMINAL LAW - sentencing - application for leave to appeal severity of sentences - two offences aggravated break, enter and steal - two offences aggravated steal and break out - one offence attempted robbery in company - one offence aggravated attempted carjacking - five Form 1 offences - pleas of guilty - prior criminal record - finding of special circumstances - accumulation of sentences - statutory proportions of sentences - purpose of finding of special circumstances - whether overall sentence manifestly excessive - moral culpability - structure of sentences

LEGISLATION CITED: Crimes Act 1900, s97(1), s154C(2), s344A Crimes (Sentencing Procedure) Act 1999, Part 3, Division 3, Part 4, Division 1A, S44(2)

Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Champion (1992) 64 A Crim R 244 CASES CITED: R v Engert (1995) 84 A Crim R 67 R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Wright (1997) 93 A Crim R 48