NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v EH [2003] NSWCCA 223 HEARING DATE(S) : 12 August 2003 JUDGMENT DATE : 12 August 2003
JUDGMENT OF : Wood CJ at CL at 1, 28, 30; Simpson J at 2; Adams J at 29 DECISION : (i) leave to appeal granted; (ii) appeal allowed, sentence quashed; (iii) in lieu thereof the applicant be sentenced to imprisonment for a term of four years to commence on 21 February 2002 and expire on 20 February 2006 with a non-parole period of two years to commence on 21 February and expire on 20 February 2004; sentence to be served in a detention centre.
CATCHWORDS : appeal against severity of sentence - young offender - plea of guilty - discharge of loaded pistol with intent to do grievous bodily harm - subjective circumstances - rehabilitation - sentence to be served in a detention centre Children (Criminal Proceedings) Act 1987, s19 LEGISLATION CITED : Crimes Act 1900, s33A(1) Crimes (Sentencing Procedure) Act 1999, s44(2) R v Pham and Ly (1991) 55 A Crim R 128 CASES CITED : R v SDM [2001] NSWCCA 158; 51 NSWLR 530 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 PARTIES : Crown - Respondent EH - Applicant FILE NUMBER(S) : CCA 60158/03 COUNSEL : G Rowling - Crown H Dhanji - Applicant SOLICITORS : SE O'Connor - Crown D Humphreys - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3117 FILE NUMBER(S) : LOWER COURT Robison DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60158/03
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