NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v RMK [2002] NSWCCA 414 revised - 18/02/2003 FILE NUMBER(S) : CCA 60230/02 HEARING DATE(S) : 11/10/02 JUDGMENT DATE : 11 October 2002
PARTIES : Regina RMK JUDGMENT OF : Sperling J at 11; Buddin J at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 02/11/0021 LOWER COURT JUDICIAL Shillington DCJ OFFICER :
COUNSEL : R Herps (Crown) HK Dhanji ( Applicant) SOLICITORS : SE O'Connor (Crown) DJ Humphreys (Applicant) CATCHWORDS : Appeal against sentence - robbery whilst armed with an offensive weapon - young offender aged 15 years with favourable subjective features - same sentence passed upon co-offender - sentence reduced. LEGISLATION CITED : Criminal Appeal Act 1912 Lowe v The Queen (1984) 154 CLR 606 R v Bavadra (2000) 115 A Crim R 152 CASES CITED: R v GDP (1991) 53 A Crim R 112 R v Morgan (1993) 70 A Crim R 368 R v Tran [1999] NSWCCA 325 R v TVC [2002] NSWCCA 325 DECISION : Leave to appeal granted. Appeal allowed. Sentence imposed in the District Court set aside. Applicant is sentenced to imprisonment for 3 years to commence on 19 July 2001 and to expire on 18 July 2004 with a non-parole period of fifteen months to commence on 19 July 2001 and to expire on 18 October 2002 at which time he will be released on parole. Sentence to be served in a Juvenile Detention Centre.
IN THE COURT OF CRIMINAL APPEAL 60230/02
SPERLING J BUDDIN J
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