NSW Caselaw
Reported Decision : 142 A Crim R 101
New South Wales Court of Criminal Appeal
CITATION : R v Shepherd [2003] NSWCCA 287 HEARING DATE(S) : 29/09/2003 JUDGMENT DATE : 16 October 2003
JUDGMENT OF : Tobias JA at 1; Howie J at 2; Shaw J at 29 DECISION : Application for leave to appeal is granted and the appeal is allowed. The sentence should be quashed and in lieu the applicant should be sentenced to imprisonment for 11 years 6 months with a non-parole period of 7 years 4 months to date from 5 December 2001. The non-parole period is to expire on 4 April 2009, the date upon which the applicant is eligible to be released to parole.
CATCHWORDS : Criminal Law and Procedure - appeal against severity of sentence - discount allowed by sentencing judge was inadequate and resulted in an excessive sentence. Customs Act 1901 - s 233B(1)(d) LEGISLATION CITED : Justices Act 1902 (now repealed) - s 51A Crimes Act 1914 - ss 16A, 16G, 21E R v Meggett (1999) 107 A Crim R 157 R v Bushell (NSWCCA, 7 August 1998, unreported) CASES CITED : Chan (2002) 128 A Crim R 119 Budiman (1998) 102 A Crim R 411 Pang (1999) 105 A Crim R 474 PARTIES : Regina v Maurice Charles Shepherd FILE NUMBER(S) : CCA 60173/03 COUNSEL : Ms M. Cinque - Crown Mr M. Crowley - Applicant SOLICITORS : Commonwealth Director of Public Prosecutions - Crown Forshaws Neill Solicitors - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0839 FILE NUMBER(S) : LOWER COURT Gibson DCJ JUDICIAL OFFICER :
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