NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Middlebrook [2004] NSWCCA 49 HEARING DATE(S) : 5 February 2004 JUDGMENT DATE : 5 February 2004
JUDGMENT OF : James J at 1; Buddin J at 40 DECISION : Leave to appeal allowed - appeal allowed
CATCHWORDS : Criminal law - firearms possession Crimes (Sentencing Procedure) Act LEGISLATION CITED : Firearms Act 1996 Firearms Amendment (Public Safety) Act 2002 No 47 Firearms Amendment (Trafficking) Act 2001 No 24 PARTIES : Regina v Kimberley Wayne Middlebrook FILE NUMBER(S) : CCA 60468/03 COUNSEL : P Boulton SC - Applicant DC Frearson - Crown SOLICITORS : R Jones - Applicant S Kavanagh - Crown
LOWER COURT District Court JURISDICTION : LOWER COURT 03/31/0131 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60468/03
JAMES J BUDDIN J
Thursday 5 February 2004 REGINA (NSW) v KIMBERLEY WAYNE MIDDLEBROOK Judgment 1 JAMES J: Kimberley Wayne Middlebrook has applied for leave to appeal against a sentence imposed on him in the District Court on the 29 August 2003 by her Honour Judge English, after he had pleaded guilty to one charge under s 51D(2) of the Firearms Act 1996. Section 51D was inserted in the Firearms Act by the Firearms Amendment (Public Safety) Act 2002 No 47 which commenced on the 15 July 2002. Section 51D(2) provides:
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