NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Anderson [2004] NSWCCA 39 HEARING DATE(S) : 6 February 2004 JUDGMENT DATE : 6 February 2004
JUDGMENT OF : Dunford J at 1; Greg James J at 29 DECISION : Leave to appeal granted, appeal upheld, head sentence confirmed, non parole period varied.
CATCHWORDS : Criminal Law - Sentencing - aggravated break, enter and steal in company - offence committed whilst on parole - motive need, not greed - assistance to authorities in respect of murder of sister - special circumstances. LEGISLATION CITED : Crimes Act 1900 s 112(2) Crimes (Sentencing Procedure) Act 1999 s 23 PARTIES : Regina v Robert Wallace Anderson FILE NUMBER(S) : CCA 60392/03 COUNSEL : A Francis (Crown) D C Frearson (Appellant) SOLICITORS : S E O'Connor (Crown) Legal Aid Commission (Appellant)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/61/0092 FILE NUMBER(S) : LOWER COURT Urquhart DCJ JUDICIAL OFFICER :
- 1 - IN THE COURT OF CRIMINAL APPEAL 60392/03
DUNFORD J GREG JAMES J
FRIDAY 6 FEBRUARY 2004 REGINA v ROBERT WALLACE ANDERSON Judgment 1 DUNFORD J: This is an application for leave to appeal against the sentence imposed by his Honour Judge Urquhart in the District Court at Coonamble on 28 March 2003 following the applicant's plea of guilty to a charge of aggravated break, enter and steal in company, contrary to s 112 (2) of the Crimes Act 1900, which carries a maximum penalty of 20 years imprisonment.
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