NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Damian John Cuff [2004] NSWCCA 157 HEARING DATE(S) : 11 May 2004 JUDGMENT DATE : 11 May 2004
JUDGMENT OF : Dunford J at 1; Adams J at 14; Howie J at 15 DECISION : Crown appeal dismissed.
CATCHWORDS : Criminal Law - sentencing - Crown appeal - multiple offences - Crown not seeking any variation in overall sentence - Court's discretion to dismiss appeal. LEGISLATION CITED : Crimes Act 1900 ss 90A, 97(1), (2) Criminal Appeal Act 1912 ss 5D, 7(1)(a) CASES CITED : Everett v The Queen (1994) 181 CLR 295 R v Carr [2002] NSWCCA 434 PARTIES : Regina v Damian John Cuff FILE NUMBER(S) : CCA 60499/03 COUNSEL : B J Knox SC (Crown) H L A Cox (Respondent) SOLICITORS : S Kavanagh (Crown) S E O'Connor (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/41/0077 FILE NUMBER(S) : LOWER COURT Bell DCJ JUDICIAL OFFICER :
- 3 - IN THE COURT OF CRIMINAL APPEAL 60499/03
DUNFORD J ADAMS J HOWIE J
TUESDAY, 11 MAY 2004 REGINA v DAMIAN JOHN CUFF Judgment 1 DUNFORD J: This is an appeal by the Director of Public Prosecutions pursuant to s 5D of the Criminal Appeal Act 1912 against the sentence imposed on the respondent by his Honour Judge Bell in the District Court at Sydney on 20 June 2003, following his conviction after trial on one count of aggravated armed robbery and one count of detain with intent to hold for advantage.
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