IONATANA v R [2008] NSWCCA 95

New South Wales Court of Criminal Appeal

CITATION: IONATANA v R [2008] NSWCCA 95

HEARING DATE(S): 1 April 2008

JUDGMENT DATE: 1 May 2008

JUDGMENT OF: McClellan CJ at CL at 1; James J at 25; Hoeben J at 26

DECISION: 1. Grant leave to appeal 2. Dismiss the appeal.

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - robbery while armed with an offensive weapon - finding of special circumstances - diminished prospects of rehabilitation - whether trial judge gave adequate consideration to mental health of applicant - whether sentence and non-parole period manifestly excessive

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

CATEGORY: Principal judgment

CASES CITED : R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346

PARTIES: Ben (Peniamina) Ionatana (Appellant) The Crown

FILE NUMBER(S): CCA 2007/2830

COUNSEL: T S Corish (Appellant) G I O Rowling (Crown)

SOLICITORS: Legal Aid Commission of NSW (Appellant) Director of Public Prosecutions (Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/0326 06/21/0209

LOWER COURT JUDICIAL OFFICER: Ellis DCJ

LOWER COURT DATE OF DECISION: 2 March 2007

IN THE COURT OF CRIMINAL APPEAL 2007/2830

McCLELLAN CJ at CL JAMES J HOEBEN J

THURSDAY 1 MAY 2008 IONATANA, Ben v R Judgment 1 McCLELLAN CJ at CL: The applicant pleaded guilty to three counts as follows: 1. On 29 March 2006 at Burwood – robbery while armed with an offensive weapon, namely a knife, contrary to s 97(1) of the Crimes Act 1900.