NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Gorrel [2002] NSWCCA 307 FILE NUMBER(S) : CCA 60573/01 HEARING DATE(S) : 25 June 2002 JUDGMENT DATE : 25 June 2002
PARTIES : Regina v Colin Robert Gorrel JUDGMENT OF : Smart AJ at 1,32; Blanch AJ at 31
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0476 LOWER COURT JUDICIAL Backhouse DCJ OFFICER :
COUNSEL : (A) A Francis (C) W Dawe QC SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - inadequate weight given to offender disclosing offences - mis-application of Pearce v The Queen - multiple offences - insufficient weight given to subjective features - service of sentence in protection LEGISLATION CITED : Crimes (Sentencing Procedure) Act CASES CITED: Pearce v The Queen (1998) 194 CLR 610 R v Ellis (1986) 6 NSWLR 603 DECISION : See paras 30 and 32
IN THE COURT OF CRIMINAL APPEAL
60573/01 SMART AJ BLANCH AJ
Tuesday, 25 June 2002 REGINA v COLIN ROBERT GORREL
JUDGMENT
1. SMART AJ: Colin Robert Gorrel seeks leave to appeal against the severity of the following sentences imposed in the District Court: Charge 3 – aggravated break, enter and steal - Imprisonment for 8 years with a non-parole period of 4 years
Charges 2 & 5 -- Drive conveyance without owner's consent - Imprisonment for 12 months
Charge 4 -- Possess carbreaking implements - Imprisonment for 9 months
Charges 1, 6-14 -- break, enter and steal (10 counts) - Imprisonment for 2 years 6 months on each count. All sentences commenced on 30 March 2001.
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