CALIMBAS & VERGILLA v R [2010] NSWCCA 245

New South Wales Court of Criminal Appeal

CITATION: CALIMBAS & VERGILLA v R [2010] NSWCCA 245

HEARING DATE(S): 16 September 2010

JUDGMENT DATE: 16 September 2010

JUDGMENT OF: McColl JA at 27; Hulme J at 1; Latham J at 28

EX TEMPORE JUDGMENT DATE: 16 September 2010

DECISION: Leave to appeal granted. Appeal dismissed.

CALIMBAS, Curt PARTIES: VERGILLA Oscar REGINA

FILE NUMBER(S): CCA 2008/8842; 2008/8843/9982

COUNSEL: Crown: P Ingram Applicants: T Gartelmann

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

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):

LOWER COURT JUDICIAL OFFICER: Ellis DCJ

LOWER COURT DATE OF DECISION: 9 December 2008

- 7 - IN THE COURT OF CRIMINAL APPEAL 2008/8842 2008/8843/9982

MCCOLL JA RS HULME J LATHAM J

Thursday, 16 September 2010 Oscar VEGILLA v R Curt CALIMBAS v R Judgment 1 RS HULME J: On 23 November 2007 four persons robbed the Rhodes Branch of the Bank of Queensland. Two were armed with crowbars and two with shotguns. During the course of the robbery police were notified and attended while the robbery was still in progress. As an incident of the events, a number of offences were committed. 2 The offenders were Oscar Vegilla, Curt Calimbas, Toka Makira and Terry Taniela. With the exception of Vegilla who was charged with the seventh offence listed below, the charges against each offender were identical. The offences, the relevant statutory provisions, and the maximum period of imprisonment prescribed for the offences are as follows:- No Offence Section/Act Maximum 1 Carried in conveyance without consent of owner 154A Crimes Act 5 years 2 Robbery armed with a dangerous weapon 97(2) Crimes Act 25 years 3 Discharge loaded firearm with intent to prevent lawful apprehension 33A(2) Crimes Act 20 years 4 Fire firearm near public place 93G(1)(b) Crimes Act 10 years 5 Possess shortened firearm without authorisation 62(1)(b) Firearms Act 10 years 6 Possess prohibited firearm without authorisation 7(1) Firearms Act 14 years 7 Attempt take motor vehicle without consent when person in vehicle and recklessly inflict actual bodily harm 154C(2) & 344A Crimes Act 14 years