Regina v G M McNally [1999] NSWCCA 449

New South Wales Court of Criminal Appeal CITATION : Regina v G M McNally [1999] NSWCCA 449 FILE NUMBER(S) : CCA 60694/98 HEARING DATE(S) : 06/12/99 JUDGMENT DATE : 6 December 1999

PARTIES : Regina v Garry Michael McNally JUDGMENT OF : Sperling J at 2; James J at 1 & 30

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/41/0310 LOWER COURT JUDICIAL OFFICER : Bell DCJ

COUNSEL : (Applicant): A Webb (Crown): L M B Lamprati SOLICITORS : (Applicant): T A Murphy (Crown): S E O'Connor CATCHWORDS : CRIMINAL LAW - appeal against sentence - no decision on asserted error in sentencing process where a lesser sentence not warranted in the opinion of the appellate court. ACTS CITED : Crimes Act 1900 Criminal Appeal Act, 1912 Astill (2) (1994) 64 A Crim R 289 Cocking (1999) NSW CCA 311 CASES CITED: Isaacs (1997) 90 A Crim R 587 McDermott (1999) NSW CCA 379 Oestler (NSW CCA, 7 October 1992, unreported) DECISION : Leave to appeal granted; appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL 60694/98 JAMES J SPERLING J MONDAY 6 DECEMBER 1999 REGINA v GARRY MICHAEL McNALLY

JUDGMENT

1 JAMES J : The Court is in a position to give judgment and I will call on Sperling J to give the first judgment.

2 SPERLING J : The applicant pleaded guilty to one count of affray and one count of assault before Bell DCJ at the Moruya District Court on 22 October 1998. He was sentenced to a minimum term of two years and three months penal servitude and an additional term of nine months on the first of those counts, together with a fixed term of six months on the second count, to be served concurrently.