NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v LWP [2003] NSWCCA 215 HEARING DATE(S) : 9 July 2003 JUDGMENT DATE : 9 July 2003
JUDGMENT OF : Spigelman CJ at 1; Bell J at 25; Miles AJ at 26 DECISION : Leave to appeal against sentence granted; sentences imposed on Counts 1 and 2 affirmed; sentence imposed on Count 3 quashed and a sentence of nine years commencing 15 December 2003 with a non-parole period of five years substituted.
CATCHWORDS : CRIMINAL LAW - SENTENCE - sexual assault - appeal against accumulation in sentence structure - whether trial judge took into account circumstances of custody in finding of special circumstances - whether sentences considered as a whole reflect trial judge's intended result as to variation of statutory non-parole period ratio. Crimes Act 1900 ss 61D, 61J, 61M LEGISLATION CITED : Criminal Appeal Act 1912 s 6 Criminal Procedure Act 1986 s 292 CASES CITED : R v Sharrock [1999] NSWCCA 289 R v (Fuller) Thornberry [2000] NSWCCA 526 PARTIES : Regina (Applicant) LWP (Respondent) FILE NUMBER(S) : CCA 60102/03 COUNSEL : P Givorshner (Applicant) D M L Woodburne (Respondent) SOLICITORS : D J Humphreys (Applicant) S E O'Connor (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3043 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60102/03
SPIGELMAN CJ BELL J MILES AJ
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