NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Flentjar v R [2023] NSWCCA 303 Hearing dates: 1 November 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Before: Wilson J at [1] Fagan J at [2] Sweeney J at [3] Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: CRIME — Appeals — Appeal against sentence — Purposes of sentencing — General and specific deterrence — subjective circumstances Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 R v Engert (1995) 84 A Crim R 67 R v Millwood [2012] NSWCCA 2 Whyte v R (2002) 55 NSWLR 252; [2002] NSWCCA 343 Texts Cited: Nil Category: Principal judgment Parties: Caleb Flentjar (applicant) Rex (Respondent) Representation: Counsel: C O'Neill (Applicant) V Garrity (Respondent)
Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2022/060511; 126606 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2023] NSWDC 115 Date of Decision: 1 February 2023 Before: Haesler SC DCJ File Number(s): 2022/060511; 126606
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