WAKEFIELD v Regina [2010] NSWCCA 299

New South Wales Court of Criminal Appeal

CITATION: WAKEFIELD v Regina [2010] NSWCCA 299

HEARING DATE(S): 29 November 2010

JUDGMENT DATE: 15 December 2010

JUDGMENT OF: Hall J at 1; Latham J at 2; Price J at 16

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

CATCHWORDS: CRIMINAL LAW - appeal against sentence - plea of guilty to two counts of armed robbery - whether sentence manifestly excessive in circumstances where no error identified but applicant's institutionalistion largely responsible for commission of offence.

LEGISLATION CITED: Crimes Act 1900

CASES CITED : R v Henry & Ors (1999) 46 NSWLR 346

PARTIES: John Leslie Wakefield - Applicant Crown - Respondent

FILE NUMBER(S): CCA 2009/63081

COUNSEL: Self Represented - Applicant P Ingram SC - Crown

SOLICITORS: Self-Represented - Applicant S Cavanagh - Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2009/63081

LOWER COURT JUDICIAL OFFICER: Berman SC DCJ

LOWER COURT DATE OF DECISION: 18 February 2010

IN THE COURT OF CRIMINAL APPEAL 2009/63081

HALL J LATHAM J PRICE J

15 DECEMBER 2010 JOHN LESLIE WAKEFIELD v REGINA Judgment

1 HALL J : I agree with Latham J 2 LATHAM J : The applicant seeks leave to appeal against a sentence imposed by Berman SC DCJ (the Judge) on 18 February 2010 after the applicant pleaded guilty in the Local Court to two counts of armed robbery, pursuant to s 97(1) of the Crimes Act 1900, each carrying a maximum penalty of 20 years imprisonment. 3 The applicant was sentenced to a fixed term of 5 years, commencing 18 February 2010 and expiring on 17 February 2015, and a further term of 5 years, comprising a non-parole period of 3 years and 3 months, commencing 18 February 2012 and expiring 17 May 2015. The aggregate term imposed upon the applicant was one of 7 years imprisonment, comprising an aggregate non parole period of 5 years and 3 months. 4 The first offence was committed on 2 July 2009. The applicant approached the counter of the Australian Post Office in Panania, handed over a bag and said to the employee "put the money in the bag". The applicant was armed with a black rubber pipe, held in such a way that it resembled (and was intended by the applicant to resemble) the barrel of a gun. The applicant reinforced that impression by telling the female staff member that if she did not cooperate with him, he was going to shoot her. The staff member handed over a sum slightly in excess of $1000 and the applicant left the premises.