NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Olson [2003] NSWCCA 349 HEARING DATE(S) : 18 November 2003 JUDGMENT DATE : 18 November 2003
JUDGMENT OF : Tobias JA at 1; Hidden J at 26; James J at 27 DECISION : (a) Leave to appeal granted and appeal allowed; (b) The sentence imposed by Judge Shadbolt on 22 November 2002 be set aside and in lieu thereof the applicant be sentenced to four years three months imprisonment commencing on 7 July 2002 and expiring on 6 October 2006, with a non-parole period of three years two months commencing on 7 July 2002 and expiring on 6 September 2005.
CATCHWORDS : CRIMINAL LAW - appeal against sentence for armed robbery - whether trial judge should have given a further discount due to assistance given by accused to authorities in relation to co-offender - ND Crimes Act 1900, s442B, s97(1) LEGISLATION CITED : Sentencing Act, s 21A Crimes (Sentencing Procedure) Act 1999, s 23 R v Chu, Court of Criminal Appeal 16 October 1998 (unreported) R v "R" [2000] NSWCCA 163 CASES CITED : R v NP [2003] NSWCCA 195 R v Dib [2003] NSWCCA 117 R v Henry (1999) 46 NSWCR 346 PARTIES : Regina Raymond Patrick Olson FILE NUMBER(S) : CCA 60263/03 COUNSEL : A: L. Flannery C: F. Guy SOLICITORS : A: S. O'Connor C: C. K. Smith
LOWER COURT District Court JURISDICTION : LOWER COURT DC 02/11/0836 FILE NUMBER(S) : LOWER COURT Shadbolt DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL CCA 60263/03 DC 02/11/0836
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