RD v R [2013] NSWCCA 306

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RD v R [2013] NSWCCA 306 Hearing dates: 22 November 2013 Decision date: 20 December 2013 Before: Hoeben CJ at CL at [1] Blanch J at [40] R A Hulme J at [41] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - three offences of aggravated robbery with a dangerous weapon - whether sentencing judge erred in treating the fact that the offences were committed in company as an aggravating factor - whether double counting of this factor had occurred - alleged error not made out - alternatively, no lesser sentence is warranted in law. Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 - s97(2) Crimes (Sentencing Procedure) Act 1999 - s 32 Criminal Appeal Act 1912 Cases Cited: Hamze v R [2006] NSWCCA 36 Category: Principal judgment Parties: RD - Applicant Regina - Respondent Crown Representation: Counsel: Mr P Lange - Applicant Ms H Wilson SC - Respondent Crown Solicitors: Hanna Legal - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/309528 Decision under appeal Date of Decision: 2012-12-13 00:00:00 Before: Charteris SC DCJ File Number(s): 2010/309528