NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Myers [2002] NSWCCA 162 FILE NUMBER(S) : CCA 60602/01 HEARING DATE(S) : 07/05/02 JUDGMENT DATE : 7 May 2002
PARTIES : Regina (Resp) Christopher David Myers (App) JUDGMENT OF : Kirby J at 1; Smart AJ at 40
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/41/0160 LOWER COURT JUDICIAL Garling DCJ OFFICER :
COUNSEL : P G Ingram (Crown/Resp) P M Winch (App) SOLICITORS : S E O'Connor (Crown/Resp) D J Humphreys (App) CATCHWORDS : Criminal Practice & Procedure - Appeal against severity of sentence - Sexual offences - Whether sentence excessive - Structure of sentence as required by R v Pearce LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 R v Pearce (1998) HCA 57 R v Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED: Pearce v The Queen (1994) 194 CLR 610 R v Hammoud (2000) 118 A Crim R 66 R v AEM Snr & Ors [2002] NSWCCA 58 R v Kalache (2000) 111 A Crim R 152 DECISION : Appeal dismissed
IN THE COURT OF CRIMINAL APPEAL 60602/01
KIRBY J SMART AJ
Tuesday 7 May 2002 REGINA v Christopher David MYERS Judgment 1 KIRBY J: Christopher David Myers (the applicant) seeks leave to appeal against the severity of the sentence imposed by Garling DCJ on 24 August 2001. 2 Mr Myers pleaded guilty to 11 sexual offences involving under age males. The sentence was partly cumulative and partly concurrent. It was structured in a way that I will shortly describe. The term, in total, was for 8 years imprisonment, with a non-parole period of 5 years.
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