Palmer v R [2007] NSWCCA 308

New South Wales Court of Criminal Appeal

CITATION: Palmer v R [2007] NSWCCA 308 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30/10/2007

JUDGMENT DATE: 30 October 2007

JUDGMENT OF: Handley AJA at 1, 16; Hidden J at 14; Hoeben J at 15

EX TEMPORE JUDGMENT DATE: 30 October 2007

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL APPEAL - SENTENCE - NO QUESTION OF PRINCIPLE

LEGISLATION CITED: Crimes Act 1900 s97(1) Crimes (Sentencing Procedure) Act 1999 s21A(2)(n)

CASES CITED: R v Henry (1999) 46 NSWLR 346

PARTIES: Matthew John Palmer v Regina

FILE NUMBER(S): CCA 2006/5181002

COUNSEL: Ms April Francis (Applicant) Ms Natalie J Adams (Crown)

SOLICITORS: Mr Stephen E O'Connor for Legal Aid Commission (Applicant) Mr Stephen C Kavanagh (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 06/11/0638

LOWER COURT JUDICIAL OFFICER: McGuire ADCJ

LOWER COURT DATE OF DECISION: 3/11/2006

- 4 - IN THE COURT OF CRIMINAL APPEAL 2006/5181002

HANDLEY AJA HIDDEN J HOEBEN J

Tuesday 30 October 2007 Matthew John PALMER v R Judgment 1 HANDLEY AJA: The prisoner was charged on one count with an offence of robbery in company contrary to section 97(1) of the Crimes Act 1900. He pleaded guilty and was sentenced by Maguire ADCJ to a head sentence of four and a half years with a non-parole period of three years. The offence carried a maximum penalty of imprisonment for twenty years. In view of the plea of guilty, it is apparent that the sentencing judge adopted, as his starting point, a sentence of six years.