NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. KERR [2003] NSWCCA 234 HEARING DATE(S) : 11/07/03 JUDGMENT DATE : 26 August 2003
JUDGMENT OF : Beazley JA at 1; Adams J at 2; Miles AJ at 3 DECISION : Leave granted to extend time in which to apply for leave to appeal; Leave to appeal granted and appeal allowed; Quash the sentence imposed by the trial judge; In lieu thereof, taking into account the time in custody since the applicant's arrest, impose a head sentence of nine years and eight months to date from 29 March 2001 to expire on 28 November 2010 with a non-parole period of seven years and three months to expire on 24 June 2008.
CATCHWORDS : Leave to appeal - appeal against sentence - Aggravated robbery - Sentence - manifestly excessive - parity in sentencing - sense of grievance LEGISLATION CITED : Crimes Act ss94,95,316 Postiglione v. The Queen (1997) 189 CLR 295 CASES CITED : Lowe v. The Queen (1984) 154 CLR 606 R v Fernando (1992) 72 ACrim R 58 PARTIES : REGINA v. KERR FILE NUMBER(S) : CCA 60561/01 COUNSEL : M. Grogan (Crown) C.B. Craigie SC (Appellant) SOLICITORS : S.E. O'Connor, Solicitor for Public Prosecutions D. Humphreys (Appellant)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 99/51/0159 FILE NUMBER(S) : LOWER COURT Freeman DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60561/01
BEAZLEY, JA ADAMS, J MILES AJ
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