NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Scott [2001] NSWCCA 377 FILE NUMBER(S) : CCA 60081/00 HEARING DATE(S) : 10/8/2001 JUDGMENT DATE : 10 August 2001
PARTIES : Regina Michael Vincent Scott JUDGMENT OF : Dowd J at 1; Smart AJ at 34
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0383 LOWER COURT JUDICIAL Morgan DCJ OFFICER :
COUNSEL : Ms CJ Lyons- Applicant Mr MC Grogan- Crown SOLICITORS : Mr DJ Humphreys- Applicant Mr SE O'Connor- Crown CATCHWORDS : Appeal against severity of sentence - Aggravated break, enter and steal - Justifiable sense of grievance - Parity LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedures) Act 1999 AB v R (1999) 198 CLR 111. Attorney General's Application (No. 1); R v Ponfield & Ors (Unreported, NSWCCA, 16 December 1999). Postiglione v The Queen (1995) 189 CLR 295. CASES CITED: R v Barton (Unreported, NSWCCA, 5 March 2001). R v Ellis (1986) 6 NSWLR 603. R v Hodges (Unreported, NSWCCA, 20 August 1997). Thompson v Houlton (2000) 29 NSWLR 383. DECISION : 1. Leave to appeal granted; and 2. The sentence of imprisonment imposed by Morgan DCJ be quashed, and that in lieu thereof, a sentence be imposed of imprisonment for a period of five-and-a-half years, commencing on 16 August 1999 and concluding on 15 February 2005, with a non-parole period of three-and-a-half years to date from 16 August 1999 and to expire on 15 February 2003.
IN THE COURT OF CRIMINAL APPEAL 60081/00
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