COLEMAN v REGINA [2009] NSWCCA 7

New South Wales Court of Criminal Appeal

CITATION: COLEMAN v REGINA [2009] NSWCCA 7

HEARING DATE(S): Friday 21 November 2008

JUDGMENT DATE: 11 February 2009

JUDGMENT OF: Tobias JA at 1; Kirby J at 2; Hall J at 3

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – appeal against sentence – grounds for interference – whether – disparity in sentences between co-offenders – where objective criminality of co-offender of a higher order – overall sentencing outcome appropriate – consideration of relevant principles – totality – seriousness of offence – where appeal dismissed

LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

CATEGORY: Principal judgment

CASES CITED : R v Kollas & Mitchell [2002] NSWCCA 491

PARTIES: Tony Keith COLEMAN v REGINA

FILE NUMBER(S): CCA No 2005/1507

COUNSEL: Crown: Ms N Noman App: M Dennis

SOLICITORS: Crown: S Kavanagh App: S O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0861

LOWER COURT JUDICIAL OFFICER: Morgan DCJ

LOWER COURT DATE OF DECISION: 18 May 2007

IN THE COURT OF CRIMINAL APPEAL 2005/1507

TOBIAS JA KIRBY J HALL J

WEDNESDAY 11 FEBRUARY 2009 TONY KEITH COLEMAN v REGINA Judgment 1 TOBIAS JA: I agree with Hall J. 2 KIRBY J: I agree with Hall J. 3 HALL J: By application for leave to appeal dated 5 August 2008 and filed on 6 August 2008, the applicant seeks leave to appeal against sentences imposed on him by the District Court on 18 May 2007. On that date, he was sentenced for two counts of maliciously damaging property by fire committed respectively on 10 August 1998 and 7 October 1999. The offences were contrary to the provisions of s.195(b) of the Crimes Act 1900. 4 The maximum penalty for an offence under that section at the relevant time was 10 years' imprisonment. The applicant sought to have a further offence under s.195(b) taken into account on a Form 1. 5 The applicant was sentenced as follows:-