NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Boney [2001] NSWCCA 432 FILE NUMBER(S) : CCA 6001/2001 HEARING DATE(S) : 19 October 2001 JUDGMENT DATE : 19 October 2001
PARTIES : Regina Trevor Boney JUDGMENT OF : Wood CJ at CL at 1; Grove J at 20
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/61/0056 LOWER COURT JUDICIAL Black DCJ OFFICER :
COUNSEL : C: Ms D Woodburne A: Mr R J Button S E O'Connor SOLICITORS : SRALS CATCHWORDS : CRIMINAL LAW - appeals - appeal against sentence - whether sentence manifestly excessive - parity - whether justifiable sense of grievance - where co-offender sentenced in Children's Court to 100 hours community service after four months detention pending sentence - applicant had long criminal history while co-offender also had blemished record - offence committed while applicant on parole and co-offender subject to conditional liberty - applicant had long history of substance abuse while co-offender had minor record of recreational use - 18 months difference in age - would have been appropriate for sentencing Judge to pay some regard to co-offender's sentence - appropriate to intervene to limited extent. LEGISLATION CITED : Crimes Act 1900 ss 97(2), 154A DECISION : Sentence below quashed. Applicant re-sentenced
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL
60011/00 WOOD CJ AT CL GROVE J
FRIDAY 19TH OCTOBER 2001 REGINA V TREVOR BONEY
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