NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Cairns [2003] NSWCCA 395 HEARING DATE(S) : 05/12/03 JUDGMENT DATE : 5 December 2003
JUDGMENT OF : Hidden J at 41; Smart AJ at 1 DECISION : 1. Leave to appeal against sentence granted. Appeal allowed. 2. Sentence quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for 4 years commencing on 3 April 2003 with a non-parole period of 2 years to expire on 2 April 2005 on which day the applicant will be eligible for release on parole.
CATCHWORDS : Balancing of gravity of crime with rehabilitation of youthful offender - delay in giving assistance LEGISLATION CITED : Nil CASES CITED : Blackman & Walters [2001] NSWCCA 121 Pham & Ly (1991) 55 A Crim R 128 PARTIES : Regina v Scott Benjamin Cairns FILE NUMBER(S) : CCA 60350/03 COUNSEL : (A) S Odgers SC (C) P Power SC SOLICITORS : (A) C Robinson (C) C K Smith
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0040 FILE NUMBER(S) : LOWER COURT Holt ADCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60350/03 HIDDEN J SMART AJ
Friday, 5 December 2003
Regina v Scott Benjamin CAIRNS Judgment
1. SMART AJ: Scott Benjamin Cairns seeks leave to appeal against the severity of a sentence of 4 years and 6 months with a non parole period of 3 years for the offence of maliciously damaging property by fire.
2. On 12 July 2002 the applicant, who was 19 years old, and Mark Wakeling, who was 18, had an altercation at the Greenwood nightclub, North Sydney. According to Mark Wakeling, he was at the club with three friends, and had been drinking beer throughout the night and was moderately affected by alcohol. He went to speak to a group of people and in particular to a man amongst them whom he knew. Mark Wakeling asserts that while he was talking to the man he knew others in the group started hassling, pushing and swearing at him. He claims he was pushed over and onto the ground by another man and states that he stood up, walked off and towards the door of the club.
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