Buddle v R [2018] NSWCCA 35

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Buddle v R [2018] NSWCCA 35 Hearing dates: 5 March 2018 Date of orders: 05 March 2018 Decision date: 14 March 2018 Before: Macfarlan JA at [1] Johnson J at [2] Campbell J at [34] Decision: Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – sentence appeal - break, enter and steal – long criminal history – applicant on parole at time of offending – no arguable ground of appeal - leave to appeal refused Legislation Cited: Crimes Act 1900 Cases Cited: Buddle v R [2006] NSWCCA 236 R v Buddle (Court of Criminal Appeal, Grove and Barr JJ, 22 June 1998) Texts Cited: --- Category: Principal judgment Parties: Brett Craig Buddle (Applicant) Regina (Respondent) Representation: Counsel: Mr BC Buddle (In person) Ms HR Roberts (Respondent)

Solicitors: --- Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/113802 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: --- Citation: --- Date of Decision: 12 August 2016 Before: His Honour Judge Haesler SC File Number(s): 2016/113802

Judgment 1. MACFARLAN JA: Johnson J's reasons for judgment reflect my reasons for joining in the making on 5 March 2018 of an order refusing the applicant leave to appeal. 2. JOHNSON J: The Applicant, Brett Craig Buddle, sought leave to appeal with respect to an aggregate sentence passed in the Wollongong District Court on 12 August 2016 following his pleas of guilty to two counts of break, enter and steal contrary to s.112(1)(a) Crimes Act 1900. 3. The sentencing Judge imposed an aggregate sentence of imprisonment for three years and nine months commencing on 13 April 2016 and expiring on 12 January 2020, with a non-parole period of two years and eight months expiring on 12 December 2018. His Honour nominated an indicative sentence of three years' imprisonment for each offence. The maximum penalty for an offence under s.112(1)(a) Crimes Act 1900 is imprisonment for 14 years. 4. The hearing of the application for leave to appeal against sentence proceeded before the Court on 5 March 2018. The Applicant was unrepresented and made written and oral submissions in support of the application. 5. At the conclusion of the hearing, the Court made an order refusing leave to appeal against sentence with reasons to be provided at a later time. What follows constitutes my reasons for joining in the order of the Court made at the conclusion of the hearing.