NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v J L C-H [2004] NSWCCA 70 HEARING DATE(S) : 18 December 2003 JUDGMENT DATE : 22 March 2004
JUDGMENT OF : Santow JA at 1; Hulme J at 41; Hidden J at 59 DECISION : 1. That leave to appeal against the severity of sentence be granted; 2. After the applicant has had the opportunity to file any further evidence relied upon and the Crown to respond, there is to be a further hearing, limited to sentence only.
CATCHWORDS : SENTENCE - Application for leave to appeal against the severity of the sentence - whether sufficient weight given to applicant's youth - whether too much emphasis on general deterrence. LEGISLATION CITED : Crimes Act 1900, s61J Criminal Appeal Act 1912 s6(3) R v AEM [2002] NSWCCA 58 C, S and T (NSWCCA, 12 October 1989, unreported) Hearne [2001] 124 A Crim R CASES CITED : Nichols [1991] 57 A Crim R 391 Pham (1991) 55 A Crim R 128 R v Simpson [2000] NSWCCA 534; (2001) 53 NSWLR 704 Veen v the Queen [No. 2] [1988] 164 CLR 465 PARTIES : J L C-H (Applicant) Regina (Respondent/Crown) FILE NUMBER(S) : CCA 60305/03 COUNSEL : P Strickland (Applicant) D Howard (Respondent/Crown) SOLICITORS : S O'Connor (Applicant) S Kavanagh (Respondent/ Crown)
LOWER COURT District Court JURISDICTION : LOWER COURT 03/71/0003 FILE NUMBER(S) : LOWER COURT Bell DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL CCA 60305/03
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate