CITATION: R v Regina [2000] NSWCCA 100 FILE NUMBER(S): CCA 60222/99 HEARING DATE(S): 20/03/00 JUDGMENT DATE:
20 March 1999PARTIES :
Regina v Josef Richard ReginaJUDGMENT OF: Abadee J; James J
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 99/51/0024 LOWER COURT JUDICIAL
OFFICER :Coleman DCJ
COUNSEL : R Burgess - Applicant
MC Marien - CrownSOLICITORS: TA Murphy - Applicant
SE O'Connor - CrownDECISION: Leave to appeal granted - appeal against sentence dismissed
IN THE COURT OF
CRIMINAL APPEAL
060222/99ABADEE J
JAMES JMonday 20 March 2000
REGINA (NSW) v JOSEF RICHARD REGINA
JUDGMENT
1 JAMES J: Joseph Richard Regina has applied for leave to appeal against a sentence imposed on him in the District Court on 22 April 1999 by his Honour Judge Coleman, after he had pleaded guilty to one charge of escaping from lawful custody, an offence under s 34 (1) of the Correctional Centres Act for which the maximum penalty is penal servitude for 10 years. Judge Coleman imposed a sentence of penal servitude for three years consisting of a minimum term of two years to date from 28 April 2001 and an additional term of one year.2 The series of events leading up to the imposition of this sentence was somewhat involved.
3 On 14 April 1992 the applicant was sentenced in the Lismore District Court on two charges of break, entering and stealing, one charge of cultivating prohibited plants and one charge of supplying a prohibited drug. The applicant appealed against those sentences to the Court of Criminal Appeal.
4 On 2 March 1993 his appeal to the Court of Criminal Appeal was allowed and, in lieu of the sentences which had been imposed in the District Court, the applicant was sentenced on the two charges of break, entering and stealing to concurrent fixed terms of penal servitude of two years six months to date from 27 March 1991 and on the charges of cultivating prohibited plants and supplying a prohibited drug to concurrent sentences of penal servitude of four years two months, each consisting of a minimum term of two years six months commencing on 27 September 1993 and an additional term of one year eight months.
5 After the appeal had been determined, the applicant was transferred to the Grafton Correctional Centre. He gave evidence in the proceedings on sentence before Judge Coleman that in the Grafton Correctional Centre another prisoner with whom he was sharing a cell and with whom he had become friendly was seriously assaulted by other prisoners.
6 On or about 10 December 1993 the applicant was transferred to a minimum security correctional centre at Glen Innes. Before he was transferred there, the applicant signed an undertaking that if he was transferred to a minimum security correctional centre he would not escape or attempt to escape. The undertaking contained an acknowledgment by the applicant, that if he escaped or attempted to escape, he could be prosecuted and he would also…
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- AGLC
- R v Josef Regina [2000] NSWCCA 100
- Case
- [2000] NSWCCA 100
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal granted leave to appeal against the sentence but dismissed the appeal against the sentence itself. The reasoning of the Court was that the sentencing judge had not erred in applying the decision in R v Thomson and that the total sentence imposed, including the minimum term, was not manifestly excessive. The Court found that the length of time Regina was at liberty after escaping and the circumstances of the escape were sufficient to remove it from the class of "unremarkable" escapes. The orders of the court were that leave to appeal against sentence be granted, but the appeal against sentence be dismissed.
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Background
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Ratio Decidendi
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