NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Antonio v R [2008] NSWCCA 213
HEARING DATE(S): 11 August 2008
JUDGMENT DATE: 12 September 2008
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Price J at 3
DECISION: 1. Grant leave to the applicant to appeal. 2. Applicant's appeal allowed. 3. Crown appeal allowed. 4. Quash the sentences imposed in the District Court on 17 July 2007.5. In respect of the offence of robbery in company contrary to s 97(1) of the Crimes Act sentence the applicant to a fixed term of imprisonment of 2 years to commence on 23 September 2006 and to expire on 22 September 2008. 6. In respect of the offence of robbery contrary to s 94 of the Crimes Act sentence the applicant to imprisonment for a non-parole period of 3 years to commence on 23 March 2008 and to expire on 22 March 2011 and a balance of term of 3 years commencing on 23 March 2011 and expiring on 22 March 2014. The overall effective sentence will be a non-parole period of 4 years 6 months commencing on 23 September 2006 and expiring on 22 March 2011 and a balance of term of 3 years commencing on 23 March 2011 and expiring on 22 March 2014. The Court finds special circumstances being the accumulation of the second sentence upon the fixed term imposed for the offence of robbery in company. The earliest date on which the applicant will be eligible for release to parole is 22 March 2011.
CATCHWORDS: Criminal law - Sentencing - Robbery - Threatened use of force not an aggravating factor - Mental illness - Sentence for robbery manifestly excessive - Crown appeal - Sentence manifestly inadequate - Overall sentence appropriate.
Crimes Act 1900 s 94, s 97(1), s 527(1)(a) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A(2), s 44(2), Criminal Appeal Act 1912 s 5D
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