NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Davis [2003] NSWCCA 79 HEARING DATE(S) : 27 March 2003 JUDGMENT DATE : 1 April 2003
JUDGMENT OF : Studdert J at 1; Smart AJ at 29 DECISION : Leave to appeal granted; appeal allowed in respect only of the sentence imposed for the aggravated break and enter and commission of a serious indictable offence; quash that earlier sentence and in lieu thereof impose a sentence of five years imprisonment to commence on 29 May 2002 and to expire on 28 May 2007 with a non parole period of three years to commence on 29 May 2002 and to expire on 28 May 2005.
CATCHWORDS : Criminal law - application for leave to appeal against sentence - co-offender dealt with in Children's Court - two years younger than applicant - relevance of sentence imposed under Children's Court regime. LEGISLATION CITED : Crimes Act, ss 59(1), 112(2) R v Boney [2001] NSWCCA 432 R v Colgan [1999] NSWCCA 292 CASES CITED : R v Ellis [2002] NSWCCA 211 R v Rushby [1999] NSWCCA 104 R v Thompson (2000) 49 NSWLR 383 PARTIES : Regina v Justin Andrew Davis FILE NUMBER(S) : CCA 60401/02 COUNSEL : M.C. Grogan (Crown) A.P. Cook (Applicant) SOLICITORS : S.E. O'Connor (Crown) D.J. Humphreys (Applicant)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/71/0054 FILE NUMBER(S) : LOWER COURT Freeman DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60401/02
STUDDERT J SMART AJ
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