NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v JNN [2004] NSWCCA 426 HEARING DATE(S) : 25 October 2004 JUDGMENT DATE : 30 November 2004
JUDGMENT OF : Wood CJ at CL at 1; McClellan AJA at 2; Smart AJ at 3 DECISION : See para 58
CATCHWORDS : Sentencing - Detaining without consent with intent to obtain advantage in circumstances of special aggravation - serious objective criminality - juvenile when offence committed - due proportionality of all components of sentence with those of co-offender - co-offender sentenced for other offences - effect of partial concurrency and partial cumulation of sentences LEGISLATION CITED : Children's Criminal Proceedings Act 1987 R v Dodd (1991) 57 A Crim R 340 at 354 R v GDP (1991) 53 A Crim R 112 at 116 CASES CITED : R v McVittie [2002] NSWCCA 344 at [26] R v Steele (unrep) NSWCCA 17/4/97 at p 12 Postiglione v The Queen (1996-7) 189 CLR 295 at 301-2 PARTIES : Regina v JNN FILE NUMBER(S) : CCA 2004/2359 COUNSEL : (A) R Burgess (C) E Wilkins SOLICITORS : (A) S O'Connor (C) S Kavanagh
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/0333 FILE NUMBER(S) : LOWER COURT Ellis DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL
WOOD CJ at CL McCLELLAN AJA SMART AJ
Tuesday, 30 November 2004 Regina v JN N
Judgment
1 WOOD CJ at CL: I have read in draft form the judgment of Smart AJ. I agree with the orders proposed, and with the reasons of his Honour.
2 McCLELLAN JA: I have read in draft form the judgment of Smart AJ. I agree with the orders proposed and with the reasons given.
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