Vai v R [2015] NSWCCA 303

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vai v R [2015] NSWCCA 303 Hearing dates: 30 November 2015 Decision date: 30 November 2015 Before: Beazley P at [1]; Johnson J at [2]; R A Hulme J at [3] Decision: Leave to appeal against sentence refused Catchwords: CRIMINAL LAW – appeal against sentence – multiple armed robbery offences – on parole for similar – whether sentence manifestly excessive – where applicant has history of violence and breaching court orders – guarded findings on sentence as to applicant's rehabilitation prospects – sentence clearly within range – appeal devoid of merit – consideration given to s 18 Criminal Appeal Act – leave refused Legislation Cited: Courts Legislation Further Amendment Act 1995 (NSW) Crimes Act 1900 (NSW) ss 97(2), 344A Criminal Appeal Act 1912 (NSW) s 18 Cases Cited: JM v R [2014] NSWCCA 297 R v Costache (Court of Criminal Appeal (NSW), 13 November 1990, unrep) R v Cuthbertson [1974] 1 NSWLR 672 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 Category: Principal judgment Parties: Peter Valeaiatu Vai (Applicant) Regina (Respondent) Representation: Counsel: Mr Pararajasingham (Applicant) Ms M Cinque SC (Crown)

Solicitors: CBD Criminal Defence Laywers Solicitor for Public Prosecutions File Number(s): 2012/157716 Decision under appeal Court or tribunal: District Court Date of Decision: 26 May 2014 Before: Armitage DCJ File Number(s): 2012/157716