AN v Regina [2009] NSWCCA 43

New South Wales Court of Criminal Appeal

CITATION: AN v Regina [2009] NSWCCA 43

HEARING DATE(S): 23 February 2009

JUDGMENT DATE: 23 February 2009

JUDGMENT OF: Grove J at 1; Price J at 2; Buddin J at 34

EX TEMPORE JUDGMENT DATE: 23 February 2009

DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.

CATCHWORDS: Criminal law - sentencing - totality - partial accumulation of sentence - role as lookout - sentence not manifestly excessive

LEGISLATION CITED: Crimes Act 1900 s 95(2)(b), s 97(1) , s 112(2), Confiscation of Proceeds of Crime Act 1989 s 73(2)

CATEGORY: Principal judgment

Cahyadi v Regina [2007] NSWCCA 1 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v MAK, R v MSK [2006] CCA 381

PARTIES: AN Regina

FILE NUMBER(S): CCA 2006/12610011

COUNSEL: Mr T Gillett (Applicant) V Lydiard (Respondent)

SOLICITORS: S O'Connor Legal Aid Commission (Applicant) S Kavanagh Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0081

LOWER COURT JUDICIAL OFFICER: Zahra DCJ

LOWER COURT DATE OF DECISION: 7 May 2007

IN THE COURT OF CRIMINAL APPEAL 2006/12610011

GROVE J BUDDIN J PRICE J

23 February 2009 AN v Regina Judgment 1 GROVE J: I will ask Price J to deliver the first judgment. 2 PRICE J: On 7 May 2007 the applicant pleaded guilty in the District Court to a single count on an indictment which alleged an offence of aggravated robbery contrary to s 95(2)(b) of the Crimes Act 1900. The maximum penalty for this offence is imprisonment for 20 years. The circumstance of aggravation was the malicious infliction of actual bodily harm.