Biles v R [2014] NSWCCA 170

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Biles v R [2014] NSWCCA 170 Hearing dates: 4 August 2014 Decision date: 04 August 2014 Before: Bathurst CJ; Adams J; R A Hulme J Decision: Leave to appeal against sentence refused Catchwords: CRIMINAL LAW - appeal against sentence - aggravated break enter and steal - failure to advert to finding of remorse in remarks on sentence did not mean it had been overlooked - objective seriousness of offence enhanced by fact of elderly and vulnerable victims - statistics and schedule of cases of limited utility - leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Ehrlich v R [2012] NSWCCA 38; 219 A Crim R 415 Geddes v R [2012] NSWCCA 94 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Campbell [2014] NSWCCA 102 R v Dodd (1991) 57 A Crim R 349 R v Huynh [2005] NSWCCA 220 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Stewart v R [2012] NSWCCA 183 Wong v The Queen; Leung v The Queen [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Douglas Biles (Applicant) Regina (Respondent) Representation: Counsel: Ms H Cox (Applicant) Mr N J Adams (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2013/1592 Decision under appeal Date of Decision: 2013-10-09 00:00:00 Before: Toner SC DCJ File Number(s): 2013/1592