Matthew Rose v R [2013] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matthew Rose v R [2013] NSWCCA 71 Hearing dates: 13 March 2013 Decision date: 09 April 2013 Before: Hoeben CJ at CL at [1] Slattery J at [2] Bellew J at [3] Decision: 1.Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - assault with intent to rob in company and robbery in company - whether sentencing judge applied the relevant guideline - necessity to have regard to the fact that sentencing judgment delivered ex-tempore immediately following submissions - where factual errors on the part of the sentencing judge were not material - no error in application of guideline - whether applicant had justifiable sense of grievance in light of different non-parole period imposed upon co-offender - differentiating factors present - no breach of parity principle - leave to appeal granted and appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Gill v R [2010] NSWCCA 236 Gommesen v R [2012] NSWCCA 226 Green v R (2011) 244 CLR 462 R v Henry (1999) 46 NSWLR 346 R v Kelly [2010] NSWCCA 259 R v Thomson and Houlton (2000) 49 NSWLR 383 Tatana v Regina [2006] NSWCCA 398 Warner (aka Jeremy Pachenko) v R [2013] NSWCCA 10 Category: Principal judgment Parties: Matthew Rose - Applicant Regina - Respondent Representation: Mr D Barrow (Applicant) Ms S Dowling (Respondent) Blair Criminal Lawyers (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/102169 2011/210504 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-04-05 00:00:00 Before: Neilson DCJ