NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Labrooy [2004] NSWCCA 371 HEARING DATE(S) : 21/10/2004 JUDGMENT DATE : 21 October 2004
JUDGMENT OF : Hulme J at 28; Buddin J at 1; M W Campbell AJ at 29 DECISION : 1. Grant leave to appeal. 2. Allow appeal in respect of count 1. 3. Quash the sentence and in lieu thereof sentence the applicant to a non-parole period of 18 months imprisonment to commence on 4 February 2004 and to expire on 3 August 2005. The balance of the sentence will be 18 months imprisonment which will expire on 3 February 2007. 4. Confirm the sentence imposed in respect of count 2, but order that the non-parole period will now commence on 4 February 2005. The balance of the sentence will now expire on 3 February 2008. 5. The non-parole period in respect of count 2 will expire on 3 February 2006 at which time the applicant is eligible to be released on parole.
CATCHWORDS : Criminal law - sentencing - enter dwelling house in circumstances of aggravation - effect of incarceration on third party LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED : Pearce v The Queen (1998) 194 CLR 594 R v Edwards (1996) 90 A Crim R 510 PARTIES : Regina Craig Derek Labrooy FILE NUMBER(S) : CCA 2004/1802 COUNSEL : P Ingram (Crown) T Watts (Applicant) SOLICITORS : S Kavanagh (Crown) Burston & Cole & Co (Applicant)
LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/1166 FILE NUMBER(S) : LOWER COURT Knight DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1802
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