Stepanyan v R [2014] NSWCCA 7

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stepanyan v R [2014] NSWCCA 7 Hearing dates: 11 February 2014 Decision date: 20 February 2014 Before: Hoeben CJ at CL at [1] Schmidt J at [2] Barr AJ at [63] Decision: 1. Leave to appeal allowed. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - leave to appeal against sentence - robbery whilst armed with dangerous weapon - whether error in finding the offence was aggravated by security guard - co-offender shot - whether applicant had justifiable sense of grievance given the degree of disparity - Form 1 offence taken into account - leave to appeal allowed - appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Dionys v R [2011] NSWCCA 272 Green v The Queen [2011] HCA 49; (2011) 244 CLR 462 Jimmy v Regina [2010] NSWCCA 60; (2010) 77 NSWLR 540 Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 R v Henry (1999) 46 NSWLR 346 Mulato v R [2008] NSWCCA 282 R v Wright [2009] NSWCCA 3 Category: Principal judgment Parties: Dimitri Stepanyan (Applicant) Regina (Crown) Representation: Counsel: Mr D Dalton SC (Applicant) Mr H Wilson Sc (Crown) Solicitors: Benjamin & Leonardo Criminal Defence Lawyers (Applicant) S Kavanagh, Solicitor for Public Prosecutions File Number(s): 2009/226281 Publication restriction: None Decision under appeal Date of Decision: 2012-05-17 00:00:00 Before: Lakatos DCJ File Number(s): 2009/226281