NSW Caselaw
Reported Decision : 141 A Crim R 396
New South Wales Court of Criminal Appeal
CITATION : R v Petrie [2003] NSWCCA 208 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, the appeal allowed and the sentences imposed by her Honour Judge English be quashed. The applicant should be sentenced to imprisonment of 4 years 6 months to date from 27 May 2002. There is to be a non-parole period of 2 years to expire on 26 May 2004, the date upon which the applicant is eligible to be released to parole.
CATCHWORDS : Criminal Practice and Procedure - Judgment and Punishment - Discount for guilty plea and contrition - whether inadequate - whether sentence manifestly excessive. LEGISLATION CITED : Crimes Act 1900 - s 112(2) Crimes (Sentencing Procedure) Act 1999 R v Thomson and Houlton (2000) 49 NSWLR 385 CASES CITED : Parkinson (2001) 125 A Crim R 1 R v NP [2003] NSWCCA 195 PARTIES : Regina v Thomas Moncrief Petrie FILE NUMBER(S) : CCA 60129/03 COUNSEL : M. Grogan - Crown C. Craigie SC - Applicant SOLICITORS : S.E. O'Connor - Crown D.J. Humphreys - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0282 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60129/03
TOBIAS JA B JAMES J HOWIE J
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