NSW Caselaw
Reported Decision :
New South Wales Court of Criminal Appeal CITATION : REGINA v HENRY & BARBER [1999] NSWCCA 107 FILE NUMBER(S) : CCA 60559/98; 60558/98 HEARING DATE(S) : 18/03/99-19/03/99 JUDGMENT DATE : 12 May 1999
PARTIES : Paul Anthony HENRY Stephen Anthony BARBER JUDGMENT OF : Spigelman CJ at 1; Wood CJ at CL at 4; Newman J at 5; Hulme J at 6; Simpson J at 46
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0416; 98/31/0291 LOWER COURT JUDICIAL OFFICER : Johnston ADCJ
P J D Hamill (Henry) COUNSEL : J S Stratton (Barber) P G Berman (Crown) Rummery Stewart (Henry) SOLICITORS : T A Murphy (Barber) R Gray (Crown) CATCHWORDS : CRIMINAL LAW; sentencing; armed robbery; robbery in company, s97(1) Crimes Act 1900; appropriate sentence; failure to give reasons for finding "special circumstances", s5(2) Sentencing Act 1989; commission of crime while on conditional liberty; totality of sentence Crimes Act 1900 (NSW) ACTS CITED : Criminal Procedure Act 1986 (NSW) Sentencing Act 1989 (NSW) DECISION : HENRY; Appeal allowed; Sentence restructure to provide, in each case, a total term of penal servitude of five and a half years consisting of a minimum term of three and a half years to commence on 2 May 1998 and an additional term of two years to commence on 2 November 2001; BARBER; Appeal allowed; Sentence restructured to retain total term of five years penal servitude consisting of a minimum term of three years to commence on 1 May 1998 and an additional term of two years to commence on 1 May 2001
- 39 - IN THE COURT OF CRIMINAL APPEAL
60559/98 60558/98
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