NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Murray [2003] NSWCCA 209 HEARING DATE(S) : 23/07/03 JUDGMENT DATE : 23 July 2003
JUDGMENT OF : Tobias JA at 24, 26; James J at 25; Howie J at 1 DECISION : The application be granted and the appeal be allowed in respect of the sentence for the offence on the first count in the indictment. The sentence on that count should be quashed and in lieu the applicant be sentenced to three years imprisonment to commence on 24 February 2004 with a non-parole period of 6 months to expire on 23 August 2004 the date upon which the applicant is to be released to parole. It is to be a condition of his parole that he places himself under the supervision of the adult probation service.
CATCHWORDS : Criminal Law and Procedure - Judgment and Punishment - Application of Pearce v The Queen - whether pronouncement of sentence manifested error - sentence manifestly excessive. LEGISLATION CITED : Crimes Act 1900 - s 35(1)(a) & (b), 112(2) Crimes (Sentencing Procedure) Act - s 37 Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v Fernando (1992) 76 A Crim R 58 Hammoud (2000) 118 A Crim R 66 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 [2002] NSWCCA 518 PARTIES : Regina v Guy Ronald Murray FILE NUMBER(S) : CCA 60113/03 COUNSEL : M. Grogan - Crown C. Craigie SC - Applicant SOLICITORS : S.E. O'Connor - Crown R. Mathur - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/1187 FILE NUMBER(S) : LOWER COURT Morgan DCJ JUDICIAL OFFICER :
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate