NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Stokes [2001] NSWCCA 82 FILE NUMBER(S) : CCA 60832/99 HEARING DATE(S) : 1 March 2001 JUDGMENT DATE : 1 March 2001
PARTIES : Gary Donald STOKES - Applicant Crown - Respondent JUDGMENT OF : Ipp AJA at 36; Simpson J at 1; Carruthers AJ at 37
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/51/0045 LOWER COURT JUDICIAL Ducker DCJ OFFICER :
COUNSEL : M C Marien - Crown R Burgess - Applicant SOLICITORS : S E O'Connor D J Humphries CATCHWORDS : Criminal law - appeal against sentence - whether sentence discloses error or is manifestly excessive - escaping from unlawful custody - special cirucmtances. Correctional Centres Act 1952 LEGISLATION CITED : Sentencing Act 1989 Crimes (Sentencing Procedure) Act 1999 R v De Simoni (1981) 147 CLR 383 CASES CITED: R v Thomson (unreported, 21 May 1986 R v Mackenroth (CCA, unreported) 19 May 1998 R v Simonds (6 May 1991) DECISION : Leave to appeal granted, appeal allowed, sentence imposed quashed, applicant sentenced to a total term of imprisonment for a period of two years with a non-parole period of eight months, the applicant be released at the end of the non-parole period.
IN THE COURT OF CRIMINAL APPEAL 60832/99
IPP AJA SIMPSON J CARRUTHERS AJ
1 March 2001
REGINA v Gary Donald STOKES Judgment
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