NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. ROYAL [2003] NSWCCA 275 HEARING DATE(S) : Friday 5 September 2003 JUDGMENT DATE : 29 September 2003
JUDGMENT OF : Wood CJ at CL at 1; Greg James J at 6; Howie J at 1 DECISION : Appeal dismissed
CATCHWORDS : Criminal law - Crown appeal - dangerous driving causing grievous bodily harm - sentence and particularly non-parole period markedly less than range in guideline judgment - severely aggravating circumstances - trial judge's finding of unusual mitigating circumstances in mitigating non-parole period on erroneous view matter could be dealt with in lower court - error in holding matter outside the guidelines - sentence and non-parole period manifestly inadequate - non-parole period disproportionately short but Crown appeal dismissed in exercise of discretion. LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Engert (1995) 84 A. Crim. R. 67 CASES CITED : Whyte (2002) 55 NSWLR 252 Jurisic (1998) 45 NSWLR 209 PARTIES : REGINA v. ROYAL, Colleen Veronica FILE NUMBER(S) : CCA No. 60205 of 2003 COUNSEL : Crown: D. Frearson Resp: R.A. Hulme, SC. SOLICITORS : Crown: S.E. O'Connor Resp: D.J. Humphreys
LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0209 FILE NUMBER(S) : LOWER COURT Coolahan, DCJ. JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL No. 60205 of 2003
WOOD, CJ. at CL. GREG JAMES, J. HOWIE, J.
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