Regina v Field [2011] NSWCCA 13

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Regina v Field [2011] NSWCCA 13 Hearing dates: 16 December 2010 Decision date: 16 February 2011 Before: McClellan CJ at CL at 1 Hall J at 2 Garling J at 3 Decision: (1) Appeal dismissed. Catchwords: CRIMINAL LAW - Appeal against sentence - Appeal by Crown - Robbery armed with an offensive weapon - Whether the sentencing judge was required to determine "objective seriousness" for an offence for which there is no standard non-parole period - Whether there was any failure to take into account personal deterrence - Whether there was any error in the finding of special circumstances - Concession made by the Crown at sentencing hearing - Whether sentence was manifestly inadequate Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes Act (Sentencing Procedure) Act) 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Georgopolous v The Queen [2010] NSWCCA 246 Hili v The Queen; Jones v The Queen [2010] HCA 45 (8 December 2010) R v Henry (1999) 46 NSWLR 346 R v JW [2010] NSWCCA 49 Markarian v The Queen (2005) 228 CLR 357 R v Thomson (2000) 49 NSWLR 383 Sirell v The Queen [2009] NSWCCA 286 Category: Principal judgment Parties: Crown (Applicant) Troy Field (Respondent) Representation: Counsel: V. Lydiard (Crown) B. Rigg (Respondent) Solicitors Department of Public Prosecutions (Crown) Legal Aid Commission NSW (Respondent) File Number(s): CCA 2010/034725 Decision under appeal Citation: R v Troy Field Date of Decision: 2010-09-03 00:00:00 Before: Neilson DCJ File Number(s): 2010/34725