NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : Regina v Phillip John SCOTT [1999] NSWCCA 434 FILE NUMBER(S) : CCA 60198/98 HEARING DATE(S) : 1 October 1999 JUDGMENT DATE : 16 December 1999
PARTIES : Regina Phillip John Scott JUDGMENT OF : Spigelman CJ at 1; Grove J at 2; Sully J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0415; 97/31/0501; 96/31/0547 LOWER COURT JUDICIAL OFFICER : McGuire DCJ
COUNSEL : C. K. Maxwell QC - Crown S. J. Odgers - Applicant SOLICITORS : S. E. O'Connor - Crown T. A. Murphy - Applicant CATCHWORDS : Criminal law - breaking, entering and stealing - 3 separte offences - 2 such offences committed in breach of bail conditions then current - very bad antecedents record - applicant sentenced, effectively, to penal servitude for 5 years and 9 months: MT3 years and 9 months/ AT 2 years - agreed sentence not challenged but minimum term challenged as appellably excessive in failing to give any, or any sufficient, attention to factors of mercy and rehabilitation; Held: no errors demonstrated - appeal against severity dismissed ACTS CITED : Crimes Act 1900 (NSW) Sentencing Act 1989 (NSW) DECISION : Leave granted to appeal against sentences; appeal against sentences dismissed
IN THE COURT OF CRIMINAL APPEAL
60198/98
SPIGELMAN CJ GROVE J SULLY J
16 December 1999
REGINA v Phillip John SCOTT
JUDGMENT
1 SPIGELMAN CJ: I agree with Sully J.
IN THE COURT OF CRIMINAL APPEAL
60198/98
SPIGELMAN CJ GROVE J SULLY J
16 December 1999
REGINA v Phillip John SCOTT
JUDGMENT
2 GROVE J: I agree with Sully J.
IN THE COURT OF CRIMINAL APPEAL
60198/98
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