NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Pearson [2004] NSWCCA 129 HEARING DATE(S) : 29 March 2004 JUDGMENT DATE : 7 May 2004
JUDGMENT OF : Sperling J at 1; Kirby J at 54; Bell J at 55 DECISION : (1) Grant leave to appeal; (2) Appeal allowed; (3) Sentence quashed, and in lieu thereof the applicant be sentenced to a term of imprisonment for five years commencing on 18 November 2002, with a non-parole period of three years commencing on 18 November 2002 and expiring on 17 November 2005, that being the earliest date on which the applicant will be eligible for release.
CATCHWORDS : Criminal Law - detaining with intent to obtain advantage - appeal against severity of sentence - no question of principle LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s22 Engert (1995) 84 A Crim R 67 Henry (1999) 46 NSWLR 346 Jiminez [1999] NSWCCA 7 CASES CITED : Lauritsen (2000) 114 A Crim R 333 Letteri (NSWCCA, 18 March 1992, unreported) Pearce (NSWCCA, 1 November 1996, unreported) Re M'Naghten's Case (1843) 10 Cl & Fin 200 Tsiaras [1996] 1 VR 398 PARTIES : Regina David Wayne Pearson FILE NUMBER(S) : CCA 60450/03 COUNSEL : Mr P G Ingram with Mr M Seymour for the Crown Ms R Burgess for the Applicant SOLICITORS : Director of Public Prosecutions Legal Aid Commission of NSW for the Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3393 FILE NUMBER(S) : LOWER COURT Sides DCJ JUDICIAL OFFICER :
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