Couloumbis v R [2012] NSWCCA 264

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Couloumbis v R [2012] NSWCCA 264 Hearing dates: 3 December 2012 Decision date: 11 December 2012 Before: McClellan CJ at CL at [1]; Harrison J at [2]; Adamson J at [41] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the sentence imposed by Sorby DCJ on 11 November 2011. 4. In lieu of the sentence imposed by Sorby DCJ sentence the applicant to a term of imprisonment of 3 years and 9 months commencing on 4 May 2011 and expiring on 3 February 2015 with a balance of term of 1 year and 3 months commencing on 4 February 2015 and expiring on 3 May 2016. Catchwords: CRIMINAL LAW - sentence - conspiracy to commit aggravated armed robbery - appeal against sentence - whether sentencing judge erred in holding that the offence was a mid range offence - whether sentencing judge double counted as an aggravating factor fact that offence committed for financial gain - whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Elyard v R [2006] NSWCCA 43 Gurney & Willetts v R [2011] NSWCCA 48 Hili v The Queen [2010] HCA 45; (2010) 85 ALJR 195 House v R [1936] HCA 40; (1936) 55 CLR 499 Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Mulato v R [2006] NSWCCA 282 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Nicholas Couloumbis (Applicant) Crown (Respondent) Representation: Counsel: K Earl (Applicant) F Veltro (Crown) Solicitors: AHA Taylor Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/382477 Decision under appeal Date of Decision: 2011-11-11 00:00:00 Before: Sorby DCJ File Number(s): 2010/382477