Sua v R [2007] NSWCCA 271

New South Wales Court of Criminal Appeal

CITATION: Sua v R [2007] NSWCCA 271

HEARING DATE(S): 20/08/2007

JUDGMENT DATE: 4 September 2007

JUDGMENT OF: Santow JA at 1; Hidden J at 2; Howie J at 3

DECISION: Leave to appeal is granted but the appeal is dismissed.

CATCHWORDS: Criminal Law - Sentencing - Guilty plea in Local Court - whether discount of 15 per cent sufficient - whether sentence manifestly excessive - whether lesser sentence warranted.

Crimes Act 1900 - s 97(2) LEGISLATION CITED: Firearms Act 1996 - ss 62(1)(b), 93G(1)(a)(ii) Criminal Appeal Act 1912 - s 6(3)

Pearce v The Queen (1998) 194 CLR 610 CASES CITED: Johnson v The Queen (2004) 78 ALJR 616 Mill v The Queen (1988) 166 CLR 59 R v Sua [2000] NSWCCA 84

PARTIES: Jack Siaki Sua v Regina

FILE NUMBER(S): CCA 2007/3268

COUNSEL: M. Hobart - Crown C. Davenport - Applicant

SOLICITORS: S. Kavanagh - Crown S. O'Connor - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/1131

LOWER COURT JUDICIAL OFFICER: Viney ADCJ

LOWER COURT DATE OF DECISION: 15/12/2006

IN THE COURT OF CRIMINAL APPEAL 2007/3268

SANTOW JA HIDDEN J HOWIE J

TUESDAY 4 SEPTEMBER 2007 Jack Siaki SUA v REGINA Judgment 1 SANTOW JA: I agree with Howie J and the additional remarks of Hidden J. 2 HIDDEN J: It is, of course, disturbing to see a young man sentenced to such a substantial term of imprisonment. Nevertheless, these were very serious crimes, committed by an offender on conditional liberty and with a history of offences of a similar kind. I agree with the orders proposed by Howie J and with his Honour's reasons. 3 HOWIE J: This is an application for leave to appeal against sentences imposed in the District Court in respect of seven charges to which the applicant had pleaded guilty in the Local Court. The applicant had been committed for sentence to the District Court where he adhered to his pleas of guilty and was ultimately sentenced on 15 December 2006. The charges for which the applicant was sentenced involved five offences of robbery while armed with a dangerous weapon, contrary to s 97(2) of the Crimes Act, one offence of possess loaded firearm so as to endanger life, contrary to s 93G(1)(a)(ii) of the Firearms Act and one offence of possess shortened firearm, contrary to s 62(1)(b) of that Act. In respect of the robbery offences the maximum penalty prescribed is imprisonment for 25 years and in respect of each of the firearms offences, the maximum penalty prescribed is imprisonment for 10 years. 4 The applicant was sentenced to an effective term of imprisonment of 13 years with an overall non-parole period of 10 years. The first of the sentences commenced on 6 December 2005 and the applicant is eligible to be released to parole on 5 December 2015. In respect of the first two charges of robbery the applicant was sentenced on each to a fixed term of three years imprisonment, the second sentence to be served cumulatively upon the first. In respect of the third, fourth and fifth charges of robbery the applicant was sentenced on each to a term of imprisonment comprising a non-parole period of four years with a balance of term of three years. Those sentences were concurrent within themselves but were to be served cumulatively upon the second count of robbery. On each of the firearm offences, the applicant was sentenced to a fixed term of imprisonment for 12 months each to be concurrent with the other and to be concurrent with the sentences for the third, fourth and fifth counts of robbery. 5 There are three grounds of appeal relied upon by the applicant as follows: