NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Giddy [2003] NSWCCA 46 HEARING DATE(S) : 26/02/03 JUDGMENT DATE : 28 February 2003
JUDGMENT OF : O'Keefe J; Bell J DECISION : 1. Leave to appeal granted. 2. Appeal allowed. 3. Sentence imposed below set aside. 4. In lieu, the Applicant is sentenced to 12 months imprisonment to date from 5/12/02 and to expire on 4/12/03; the operation of such sentence being suspended as from today (26/02/03) on the Applicant entering into a bond to be of good behaviour during a period from today to 4/12/03.
CATCHWORDS : Criminal law - Appeal - Severity - Aggravated indecent assault - Early plea of guilty - Immediate admissions - Elderly offender - Adverse medical condition - Delay in proceeding to dispose of matter - No previous convictions - No violence involved - Breach of postion of trust - Matter essentially one suitable for Local Court - Maximum penalty in Local Court relevant Crimes Act 1900; s 61M LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999; s 21A Criminal Appeal Act 1912; s 6(3) CASES CITED : Dinsdale v The Queen (2000) 202 CLR 321 PARTIES : Regina Keith Giddy FILE NUMBER(S) : CCA 60028/03 COUNSEL : Ms R Burgess - Applicant Dr P J P Power SC - Crown SOLICITORS : Mr D J Humphreys - Applicant Ms S E O'Connor - Crown
LOWER COURT District Court JURISDICTION : LOWER COURT 97/31/0431 FILE NUMBER(S) : LOWER COURT Woods QC, DCJ JUDICIAL OFFICER :
- 5 - IN THE COURT OF CRIMINAL APPEAL 60028/03
O'Keefe J Bell J
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