NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: VAEILA, Jonathon v R [2010] NSWCCA 113
HEARING DATE(S): 7 May 2010
JUDGMENT DATE: 27 May 2010
JUDGMENT OF: Hodgson JA at 1; Johnson J at 2; Rothman J at 3
(i) Leave to appeal granted; DECISION: (ii) Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – sentence appeal – De Simoni principle and manifest excess – no issue of principle – no basis for submission – no identifiable or manifest error – appeal dismissed
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 CASES CITED : R v Kelly [2005] NSWCCA 280; (2005) 155 A Crim R 499 R v Ranse (Court of Criminal Appeal, 8 August 1994, unreported)
PARTIES: Jonathon Vaeila (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/13079
COUNSEL: W Hunt (Applicant) S Dowling (Respondent)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Office of the Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/13079
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 17 April 2009
IN THE COURT OF CRIMINAL APPEAL 2008/13079
HODGSON JA JOHNSON J ROTHMAN J
27 MAY 2010 VAEILA, Jonathon v R Judgment 1 HODGSON JA: I agree with Rothman J. 2 JOHNSON J: I agree with Rothman J. 3 ROTHMAN J: Jonathon Vaeila seeks leave to appeal, and if leave be granted appeals, the sentence imposed by his Honour Judge Hughes on 17 April 2009 for the offence of demand property by force, in company, with intent to steal, which is a contravention of s 99(2) of the Crimes Act 1900. 4 The offence was committed on 5 January 2008 and the maximum penalty under the Crimes Act is 14 years' imprisonment. His Honour Judge Hughes sentenced the applicant to a head sentence of imprisonment for 4 years and 3 months, commencing on 17 April 2009 and expiring on 16 July 2013. Of that, there is a non-parole period of 2 years, 1 month and 15 days, commencing on 17 April 2009 and expiring on 31 May 2011. 5 Mr Vaeila raises two grounds of appeal:
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