DODDS, Shane Barry v R [2009] NSWCCA 191

New South Wales Court of Criminal Appeal

CITATION: DODDS, Shane Barry v R [2009] NSWCCA 191

HEARING DATE(S): 16 July 2009

JUDGMENT DATE: 16 July 2009

JUDGMENT OF: Hodgson JA at 13; Howie J at 14; Fullerton J at 1

EX TEMPORE JUDGMENT DATE: 16 July 2009

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

CATCHWORDS: CRIMINAL LAW - appeal against sentence - whether sentence manifestly excessive - breaking into house and stealing - utility of JIRS statistics in assessing the appropriateness of a sentence

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

CATEGORY: Principal judgment

CASES CITED : R v McNaughton [2006] NSWCCA 242; 163 A Crim R 381 Robertson v R [2007] NSWCCA 270; 177 A Crim R 121

PARTIES: Shane Barry Dodds (App) The Crown (Resp)

FILE NUMBER(S): CCA 2007/15329

COUNSEL: W Hunt (App) M Grogan (Resp)

SOLICITORS: Legal Aid Commission of NSW (App) Director of Public Prosecutions (Resp)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2007/15329

LOWER COURT JUDICIAL OFFICER: Solomon DCJ

LOWER COURT DATE OF DECISION: 7 December 2007

IN THE COURT OF CRIMINAL APPEAL 2007/15329

HODGSON JA HOWIE J FULLERTON J

16 JULY 2009 DODDS, Shane Barry v R Judgment 1 FULLERTON J: The applicant seeks leave to appeal against a sentence imposed in the District Court by his Honour Judge Solomon on 7 December 2007 after he entered a plea of guilty on 9 October 2007 to breaking into a private house at Middle Cove on 6 July 2006 and stealing property valued at $40,000. The charge was laid pursuant to s 112(1) of the Crimes Act 1900. It attracts a maximum penalty of 14 years. The applicant was arrested on 31 January 2007 on the basis of a match between his DNA and blood deposited at the premises.