R v PB [2008] NSWCCA 109

Reported Decision: 184 A Crim R 552

New South Wales Court of Criminal Appeal

CITATION: R v PB [2008] NSWCCA 109

HEARING DATE(S): 7/5/08

JUDGMENT DATE: 26 May 2008

JUDGMENT OF: Bell JA at 1; Johnson J at 61; McCallum J at 62

1. Allow the appeal and quash the sentence imposed in the District Court DECISION: 2. In lieu thereof, the respondent is sentenced to a non-parole period of three years and six months to date from 4 September 2007. The first date on which the respondent will be eligible for consideration for release on parole is 3 March 2011. The balance of the term of the sentence is three years and three months and will expire on 2 June 2014 3. Pursuant to s 19(1) of the Children (Criminal Proceedings) Act 1987 order that the respondent serve the sentence of imprisonment as a juvenile offender until his 21st birthday.

CATCHWORDS: CRIMINAL LAW – armed robbery with wounding - SENTENCING – Crown appeal - juvenile offender - patent error and insufficient weight to objective seriousness

Children (Criminal Proceedings) Act 1987 (NSW) LEGISLATION CITED: Children (Detention Centres) Act 1987 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)

DB v R [2007] NSWCCA 27 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 DNN v R [2007] NSWCCA 27 Mason v R [2005] NSWCCA 403 R v AEM, KEM & MM Snr [2002] NSWCCA 58 R v Henry (1999) 46 NSWLR 346 CASES CITED : R v Myers, Court of Criminal Appeal (unreported) 13 February 1990 R v Nahle [2007] NSWCCA 40 R v P [2004] NSWCCA 218 R v Pham & Ly (1991) 55 A Crim R 128 R v Stambolis [2006] NSWCCA 56 R v Tran [1999] NSWCCA 109 R v Way [2004] NSWCCA 131; 60 NSWLR 168