R v Matthew Jon DAVIES [2015] NSWCCA 224

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Matthew Jon DAVIES [2015] NSWCCA 224 Hearing dates: 14 August 2015 Date of orders: 20 August 2015 Decision date: 20 August 2015 Before: Ward JA at [1] Adams J at [2] Beech-Jones J at [3] Decision: (1) Leave to appeal be granted; and

(2) The appeal be dismissed. Catchwords: SENTENCE APPEAL – assault with intent to rob while armed with a dangerous weapon – applicant drove co-offender to scene of attempted robbery – complaint that sentencing judge erred in imposing same sentences on applicant and co-offender – circumstances of applicant and co-offender said to be different – parity – co-offender's equally culpable – circumstances not markedly different – no error – leave to appeal granted but appeal dismissed. Legislation Cited: - Crimes Act 1900 – s 97 Cases Cited: - Beale v R [2015] NSWCCA 120 - England v R, Phanith v R [2009] NSWCCA 274 - Green v The Queen; Quinn v The Queen [2011] HCA 49; 86 ALJR 36 - Lam v R [2014] NSWCCA 50 - R v Henry [1999] NSWCCA 111; 46 NSWLR 346 - R v Olbrich [1999] HCA 54; 199 CLR 270 - Taylor v R [2015] NSWCCA 12 Category: Principal judgment Parties: Matthew Jon Davies – Applicant Crown – Director of Public Prosecutions Representation: Counsel: W.P. Lowe – Applicant Ms T. Smith – Crown

Solicitors: Saba El-Hanania – Applicant Solicitor for Public Prosecutions – Crown File Number(s): 2011/092590 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Date of Decision: 30 May 2014 Before: Williams ADCJ