R v Crowe [2011] NSWCCA 251

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Crowe [2011] NSWCCA 251 Hearing dates: 5 August 2011 Decision date: 05 August 2011 Before: McClellan CJ at CL at [1] Simpson J at [44] Fullerton J at [48] Decision: Appeal dismissed Catchwords: CRIMINAL APPEAL - s 97(1) Crimes Act 1900 (NSW) - Crown inadequacy appeal - error in assessment of objective gravity - s9 bond inadequate - exercise of Court discretion not to intervene - demonstrated rehabilitation - appeal dismissed. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Children (Criminal Procedure) Act Cases Cited: Hoare v R [1989] HCA 33; 167 CLR 348 R v JW [2010] NSWCCA 49 R v Majstrovic [2000] NSWCCA 420 Category: Principal judgment Parties: The Crown (Appellant) Richard Crowe (Respondent) Representation: V Lydiard (Crown/Appellant) R J Jankowski (Respondent) Solicitor for Public Prosecutions (Crown/Appellant) Meehan Solicitors (Respondent) File Number(s): 2010/147591 Decision under appeal Date of Decision: 2010-10-19 00:00:00 Before: Finnane DCJ File Number(s): 2010/147591

Judgment 1McCLELLAN CJ at CL: The respondent pleaded guilty to one count of armed robbery in company contrary to s 97(1) of the Crimes Act 1900. The maximum penalty for the offence is imprisonment for 20 years. 2The sentencing judge sentenced the respondent to a 12 month bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999. The Director of Public Prosecutions has appealed that sentence pursuant to s 5D of the Criminal Appeal Act 1912. 3On 5 August 2011 the court made orders that the appeal be dismissed. These are my reasons for joining in that order.