Steele v R [2009] NSWCCA 209

New South Wales Court of Criminal Appeal

CITATION: Steele v R [2009] NSWCCA 209

HEARING DATE(S): 2 July 2009 JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 23; McCallum J at 24

EX TEMPORE JUDGMENT DATE: 2 July 2009

DECISION: Grant leave to appeal but dismiss the appeal.

CATCHWORDS: CRIMINAL LAW - appeal - appeal against sentence - subjective features of appellant - discount for assistance to authorities - sentence manifestly excessive - appeal dismissed

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

R v Henry (1999) NSWCCA 111; (1999) 46 NSWLR 346 CASES CITED : R v Sukkar (2006) 172 A Crim R 151 SZ v R [2007] NSWCCA 19; 168 A Crim R 249

PARTIES: Lyndon Russell Steele (Applicant) The Crown

FILE NUMBER(S): CCA 2007/8627

COUNSEL: K Ginges (Applicant) V Lydiard (Crown)

SOLICITORS: Hal Ginges & Co (Applicant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2007/8627

LOWER COURT JUDICIAL OFFICER: R A Hulme DCJ

LOWER COURT DATE OF DECISION: 14 August 2008

IN THE COURT OF CRIMINAL APPEAL 2007/8627

McCLELLAN CJ at CL HIDDEN J McCALLUM J

THURSDAY 2 JULY 2009 STEELE, Lyndon v R Judgment 1 McCLELLAN CJ at CL: The applicant seeks leave to appeal against the sentence imposed upon him in the District Court on 14 August 2008. On 8 May 2008 the applicant pleaded guilty to a charge of robbery in company. The offence is contrary to s 97(1) of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. 2 The applicant was sentenced to a period of imprisonment comprising a non-parole period of two years with a balance of term of one year and nine months. He seeks leave to raise the following grounds of appeal: