NSW Caselaw
Reported Decision : 142 A Crim R 194
New South Wales Court of Criminal Appeal
CITATION : REGINA v GARVEY [2003] NSWCCA 226 HEARING DATE(S) : 12 August 2003 JUDGMENT DATE : 12 August 2003
JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 30; Adams J at 2 DECISION : 1 Leave to appeal against sentence granted; 2 The sentence of the District Court quashed and there be substituted therefor a sentence of three years' imprisonment commencing on 18 June 2002 and expiring on 17 June 2005 ; 3 A non-parole period of twenty-one months is imposed. The applicant is to be release to parole on 17 March 2004, subject to the supervision of the Adult Probation Service.
CATCHWORDS : Criminal law - sentence - plea of guilty to an offence of break, enter and steal - appeal against sentence - whether setting of fire to be taken into account as an aggravating circumstance - whether De Simoni principle relevant - whether appropriate discount was given for plea of guilty - principle of rehabilitation - whether special circumstances exist LEGISLATION CITED : s195(b) of the Crimes Act 1900 ss 44 & 59 Crimes (Sentencing Procedure) Act 1999 Attorney General's Application (No 1); R v Ponfield & Ors [1999] NSWCCA 435 at 48; (1999) 48 NSWLR 327 CASES CITED : R v De Simoni (1981) 147 CLR 383 R v Thomson & Houlton (2000) 49 NSWLR 383 PARTIES : Regina (Respondent) Leslie Neil Garvey (Applicant) FILE NUMBER(S) : CCA 60137/03 COUNSEL : P Winch (Applicant) G Rowling (Respondent) SOLICITORS : D Humphreys (Applicant) S E O'Connor (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 01/31/0213 FILE NUMBER(S) : LOWER COURT Urquhart QC DCJ JUDICIAL OFFICER :
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