Book v R [2018] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Book v R [2018] NSWCCA 58 Hearing dates: 21 March 2018 Date of orders: 11 April 2018 Decision date: 11 April 2018 Before: Bathurst CJ [1] Johnson J at [2] Price J at [69] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – offence of aggravated (in company) break, enter and commit serious indictable offence (stealing) contrary to s.112(2) Crimes Act 1900 – custodial sentence imposed – whether sentence manifestly excessive – assessment of objective seriousness of offence – relevance of offence being committed in company and stealing being the serious indictable offence – prior criminal history included commission of s.112(2) offence – sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AB v The Queen (1999) 198 CLR 111; [1999] HCA 46 Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Marshall v R [2007] NSWCCA 24 Obeid v R (2017) 350 ALR 103; [2017] NSWCCA 221 R v Huynh [2005] NSWCCA 220 R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435 White v R [2016] NSWCCA 190 Texts Cited: --- Category: Principal judgment Parties: John David Book (Applicant) Regina (Respondent) Representation: Counsel: Mr CJ Bruce SC (Applicant) Ms T Smith (Respondent)