Roberts v R [2012] NSWCCA 232

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Roberts v R [2012] NSWCCA 232 Hearing dates: 15 February 2012 Decision date: 15 February 2012 Before: McClellan CJ at CL at [1] Hidden J at [26] Rothman J at [27] Decision: Leave to appeal refused. Catchwords: CRIMINAL LAW - appeal - sentence - application for leave to appeal - whether sentencing judge erred in finding that offence was "at least in the middle of any scale" - where offence involved remaining on premises with weapon with intent to intimidate victim - finding of sentencing judge in relation to objective seriousness was open - whether sentence was manifestly excessive - where offence committed in breach of ADVO - where there was history of domestic violence perpetrated against victim - where applicant has serious criminal history - sentence not manifestly excessive - leave to appeal refused. Legislation Cited: Crimes Act 1900 Summary Offences Act 1988 Crimes (Domestic and Personal Violence Act) 2007 Cases Cited: Ayoub and El Mazri v R (2010) NSWCCA 196 R v Hamid (2006) NSWCCA 302 The Queen v De Simoni (1981) 147 CLR 303 Category: Principal judgment Parties: Colin Ronald Roberts (Applicant) Crown Representation: D O'Neil (Applicant) N J Gouda (Crown) Legal Aid of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/65265 Decision under appeal Date of Decision: 2010-12-08 00:00:00 Before: McLoughlin DCJ