Legge v Regina [2007] NSWCCA 244

New South Wales Court of Criminal Appeal

CITATION: Legge v Regina [2007] NSWCCA 244

HEARING DATE(S): 27 July 2007

JUDGMENT DATE: 27 July 2007

JUDGMENT OF: Spigelman CJ at 58, 62; Simpson J at 1; Harrison J at 61

EX TEMPORE JUDGMENT DATE: 27 July 2007

DECISION: 1. Leave to appeal granted. 2. Appeal allowed. 3. The sentence imposed in the District Court quashed. 4. The applicant be sentenced to imprisonment for two years and seven months commencing on 17 September 2006 and expiring on 16 April 2009 with a non-parole period of ten months, expiring on 16 July 2007. 5. Direct that the applicant be released forthwith.

CATCHWORDS: CRIMINAL LAW – SENTENCING – application for leave to appeal against severity of sentence – assault with intent to rob whilst armed with an offensive weapon – plea of guilty – subjective circumstances – finding of special circumstances – mitigating/aggravating factors – Henry guideline – guideline judgment incorrectly applied by trial judge – whether necessary to establish exceptional circumstances in order to depart from guideline sentence – whether sentence manifestly excessive taking into account applicant's age and subjective circumstances – sentence less severe warranted

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

R v Black and Walters [2001] NSWCCA 121 R v Henry [1999] NSWCA 111; 46 NSWLR 346 CASES CITED: R v Jurisic (1998) 45 NSWLR 209 R v Roberts (1994) 73 A Crim R 306 R v Whyte (2002) 55 NSWLR 252

PARTIES: Ashley Ronald Legge (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/1245