Hillsley v R [2013] NSWCCA 78

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hillsley v R [2013] NSWCCA 78 Hearing dates: 13 March 2013 Decision date: 02 May 2013 Jurisdiction: Criminal Before: Hoeben CJ at CL - [1] Slattery J - [2-66] Bellew J - [67] Decision: Allow the application for leave to appeal. Appeal dismissed Catchwords: CRIMINAL LAW - sentence appeal - applicant found guilty after a trial of one count of aggravated break and enter under Crimes Act s 112(2) - applicant solicits and organises two others to break and enter and steal tyres at night from industrial premises - applicant and co-offenders make two journeys to remove and store the tyres but caught on the second journey - applicant pleads not guilty - co-offenders plead guilty and give evidence against applicant at his trial - co-offenders receive suspended sentences of imprisonment - applicant sentenced to a term of imprisonment - whether applicant has a justifiable sense of grievance due to disparity in the sentences imposed upon his co-offenders and upon him - whether sentence manifestly excessive. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Crimes (Sentencing Procedure Act) 1995 Cases Cited: Carroll v The Queen [2009] HCA 13 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 House v R [1936] HCA 40; 55 CLR 499 Jimmy v R (2010) 77 NSWLR 540 Leeth v Commonwealth [1992] HCA 29 174 CLR 955 Lowe v R [1984] HCA 46; 154 CLR 606 Markarian v R [2005] HCA 25; 228 CLR 357 Muldrock v R [2011] HCA 39; 244 CLR 120 Postiglione v R [1997] HCA 29; 189 CLR 295 Rae v R [2011] NSWCCA 211 Shortland v R [2013] NSWCCA 4 Warner v Regina [2013] NSWCCA 10 Wong v R [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Cameron Hillsley (Applicant) Regina (Respondent Representation: Counsel: Applicant: James F. Viney Respondent: S. Dowling Solicitors: Applicant: Paul Wiggins Respondent: S. Kavanagh, Solicitor for Public Prosecutions File Number(s): 2010/2474551 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-10-07 00:00:00 Before: Acting District Court Judge Puckeridge File Number(s): 2010/247451