NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Wood [2005] NSWCCA 233
HEARING DATE(S): 22/06/2005
JUDGMENT DATE: 22 June 2005
JUDGMENT OF: Spigelman CJ at 24, 26; Hunt AJA at 25; Howie J at 1
DECISION: Leave to appeal is granted but the appeal is dismissed. The sentence on the first count is to commence from today, 22 June 2005, and is to expire on 21 July 2005. The sentence for the second count is to commence on 22 July 2005 and is to expire on 21 August 2005. The sentences for the third and fourth counts are to commence on 22 August 2005 and are to expire on 21 September 2005.
CATCHWORDS: Criminal Law - Sentence - Social Security fraud - short custodial sentences imposed - whether evidence of effect of sentence upon applicant's retarded daughter so exceptional as to require non-custodial sentences - no error in exercise of judge's discretion.
Crimes Act 1914 (Cth) - s 29D LEGISLATION CITED: Criminal Code 1995 (Cth) - s 135.1(5) Crimes (Sentencing Procedure) Act 1999 - s 5(2)
R v Bednarz [2000] NSWCCA 533 CASES CITED: R v Aller [2004] NSWCCA 378 Markarian v The Queen (2005) 215 ALR 213
PARTIES: Regina v Florence June Wood
FILE NUMBER(S): CCA 2005/708
G. Walsh - Crown COUNSEL: C. Jeffreys - Applicant
Commonwealth DPP - Crown SOLICITORS: Jeffreys & Associates - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0557
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/708
SPIGELMAN CJ HUNT AJA HOWIE J
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