NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Anforth [2003] NSWCCA 222 HEARING DATE(S) : 6 August 2003 JUDGMENT DATE : 12 August 2003
JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 2; Adams J at 55 DECISION : (i) Crown appeal is allowed. The respondent is to be re-sentenced; (ii) On each count the respondent is sentenced to imprisonment for two years, commencing 12 August 2003 and expiring 11 August 2005, with a non-parole period of ten months. The first date on which the respondent is eligible for release on parole is 11 June 2004. I would direct that the respondent be released on parole at the expiration of the non-parole period, 11 June 2004.
CATCHWORDS : Crown appeal - aggravated kidnapping - subjective circumstances - remarks on sentence - characterisation of role of respondent - respondent's purpose in participation - pleas of guilty - assistance to authorities - reduction in sentence - value of assistance - s44(2) Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s12, S44(2) CASES CITED : R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 PARTIES : Crown - Appellant Wayne Stuart Anforth - Respondent FILE NUMBER(S) : CCA 60136/03 COUNSEL : M Grogan - Crown P Doyle - Respondent SOLICITORS : SE O'Connor DJ Humphreys - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0381 FILE NUMBER(S) : LOWER COURT Herron ADCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60136/03
WOOD CJ at CL SIMPSON J ADAMS J
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