NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Newton [2004] NSWCCA 47 HEARING DATE(S) : 3 February 2004 JUDGMENT DATE : 3 February 2004
JUDGMENT OF : James J at 1, 39; Buddin J at 38 DECISION : Leave to appeal granted - appeal dismissed
CATCHWORDS : Criminal law - sentence appeal - maliciously damaging property - assaulting a police officer - using an offensive weapon to avoid apprehension LEGISLATION CITED : Attorney General's application under s 57 of the Crimes (Sentencing Procedure) Act 1997 No 1 (2002) 56 NSWLR 146 Crimes (Sentencing Procedure) Act CASES CITED : The Queen v De Simoni (1980-1981) 147 CLR 383 PARTIES : Regina v Timothy Adam Newton FILE NUMBER(S) : CCA 60189/03 COUNSEL : C Steirn SC - Applicant BJ Knox SC - Crown SOLICITORS : V Havryliv - Applicant CK Smith - Crown
LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0587; 02/11/1019 FILE NUMBER(S) : LOWER COURT Berman DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60189/03
James J Buddin J
Tuesday 3 February 2004 REGINA v TIMOTHY ADAM NEWTON Judgment 1 JAMES J : Timothy Adam Newton has applied for leave to appeal against sentences imposed on him in the District Court on 6 December 2002 by his Honour Judge Berman of senior counsel. 2 His Honour sentenced the applicant for three offences to all of which the applicant had pleaded guilty, namely: 1. Two offences committed on 24 October 2001, one of maliciously damaging property, being an offence under s 195 of the Crimes Act for which the maximum penalty is imprisonment for five years, and the other of assaulting a police officer in the execution of his duty, being an offence under s 58 of the Crimes Act, for which the maximum penalty is imprisonment for five years. These two offences had been charged in an indictment on which the applicant had been arraigned. 2. An offence committed on 9 June 2002 of using an offensive weapon to avoid apprehension, an offence under s 33B(1) of the Crimes Act , for which the maximum penalty is imprisonment for twelve years. 3 In sentencing the applicant for the last offence, Judge Berman took into account three further offences committed on 9 June 2002 which were:
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