Bamblett v R [2013] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bamblett v R [2013] NSWCCA 161 Hearing dates: 26 April 2013 Decision date: 05 July 2013 Before: Hoeben CJ at CL at 1 Latham J at 2 Barr AJ - 32 Decision: Leave is refused Catchwords: CRIMINAL LAW - leave to appeal against sentence - guilty plea - aggravated break, enter and steal - occupants at home at time of offence - whether trial judge failed to consider special circumstances in the context of accumulation - whether sentence manifestly excessive - finding of special circumstances a matter of discretion for sentencing judge - objective gravity cannot be assessed by what offender does not do - leave refused Cases Cited: Barrett v R [2011] NSWCCA 213 Clare v R [2008] NSWCCA 30 ; 181 A Crim R 450 Haines v R [2008] NSWCCA 12 Hejazi v R [2009] NSWCCA 282 Mammone v R [2013] NSWCCA 95 Russell v R [2010] NSWCCA 248 Category: Principal judgment Parties: Graeme Bamblett - (Applicant) Regina - (Crown Respondent) Representation: Counsel J Baly - (Applicant) J Cox - (Crown Respondent) Solicitors Legal Aid NSW - (Applicant Solicitor for Public Prosecutions - (Crown Respondent) File Number(s): 2011/250287 Decision under appeal Date of Decision: 2012-03-30 00:00:00 Before: Colefax SC DCJ File Number(s): 2011/250287