NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Daniels [2001] NSWCCA 181 revised - 18/05/2001 FILE NUMBER(S) : CCA 60113/00 HEARING DATE(S) : 11.5.01 JUDGMENT DATE : 11 May 2001
PARTIES : Regina Garry Daniels JUDGMENT OF : Carruthers AJ at 1; Badgery-Parker AJ at 27
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0434 LOWER COURT JUDICIAL Coolahan DCJ OFFICER :
COUNSEL : W L Robinson QC (Crown) P R Boulton (App) SOLICITORS : S E O'Connor (Crown) D H Cohen & Co (App) CATCHWORDS : Appeal against severity - robbery - using an offensive instrument to prevent lawful apprehension - Judge overlooked s439 of the Crimes Act 1900 (now s 22 of the Crimes (Sentencing Procedure) Act 1999 - On appeal discount allowed for plea of guilty on second day of trial. LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Roos v Director of Public Prosecutions (1994) 34 NSWLR 254 R v Barton [2001] NSWCCA 63 CASES CITED: R v Hamilton (1993) 66 A Crim R 575 R v Perez (Unreported, NSWCCA 11 December 1991) R v Tooth [2000] NSWCCA 482 DECISION : Sentence on the first count confirmed. For s 33B matter: leave to appeal granted, appeal allowed. Applicant re-sentenced to an overall period of 5 years, from 2 October 2002 - 1 October 2007. Non-parole period of 3 years, from 2 October 2002 - 1 October 2005.
- 10 -1 CARRUTHERS AJ: Garry Richard Daniels seeks leave to appeal against sentences imposed upon him by his Honour Judge Coolahan at the Newcastle District Court on 21 March 2000. On 28 February 2000 the applicant was arraigned before his Honour and a jury of twelve upon an indictment containing two counts. The first count was one of robbery pursuant to s 94 of the Crimes Act 1900 (hereinafter called "the Act" which offence carries a maximum penalty of 14 years imprisonment. The second count was one of use offensive instrument to prevent lawful apprehension pursuant to s 33B of the Act, which offence carries a maximum penalty of 12 years imprisonment.
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