REESE, David Robert v R [2006] NSWCCA 421

New South Wales Court of Criminal Appeal

CITATION: REESE, David Robert v R [2006] NSWCCA 421

HEARING DATE(S): 16 March 2006

JUDGMENT DATE: 16 March 2006

JUDGMENT OF: Sully J at 1, 21, 23; Simpson J at 2; Howie J at 22

EX TEMPORE JUDGMENT DATE: 03/16/2006

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – application for leave to appeal against sentence – specially aggravated break, enter and steal – assault occasioning actual bodily harm - plea of guilty – subjective circumstances – relevance of prior record – whether sentence manifestly excessive

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

CASES CITED: Veen (No 2) v The Queen [1988] HCA 14; 164 CLR 465

PARTIES: David Robert Reese (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2005/2383

COUNSEL: A Francis (Applicant) P Miller (Respondent)

SOLICITORS: S O'Connor - Legal Aid Commission (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/0035

LOWER COURT JUDICIAL OFFICER: Delaney DCJ

LOWER COURT DATE OF DECISION: 29 April 2005

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL CCA 2005/2383

SULLY J SIMPSON J HOWIE J

16 March 2006 REESE, David Robert v R Judgment

1 SULLY J: The court is in a position to express a view about this application. Justice Simpson will deliver the first judgment.