Melaisis v R [2018] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Melaisis v R [2018] NSWCCA 184 Hearing dates: 15 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Before: Macfarlan JA Hoeben CJ at CL Fagan J Decision: 1. Leave to appeal is granted. 2. The appeal is allowed. 3. The sentence imposed in the District Court on 11 August 2017 for count 1 in the indictment, aggravated robbery, is quashed. 4. In lieu thereof the applicant is sentenced to imprisonment for a non-parole period of 1 year and 3 months commencing on 14 June 2017 and expiring on 13 September 2018 and a balance of term of 5 months expiring on 13 February 2019, the overall sentence for the aggravated robbery therefore being 1 year and 8 months. Catchwords: CRIME – appeal against sentence – aggravated robbery contrary to Crimes Act 1900 (NSW), s 95 – applicant forcibly seized complainant's mobile phone during argument in car park – phone discarded by applicant and later recovered by complainant – plea of not guilty to primary charge of aggravated robbery – plea of guilty to alternative charge of assault occasioning actual body harm – where history of steroid abuse – where low risk of re-offending – where offence of short duration and not premeditated – head sentence of 3 years imprisonment with non-parole period of one year and 10 months – whether sentence manifestly excessive – appeal allowed and offender resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Principal judgment Parties: Nestoras Melaisis (applicant) Regina (respondent) Representation: Counsel: Mr Glen Porter/Mr Phillip Butterfield (applicant) Mr Frank Veltro (respondent)