NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v Scott [2005] NSWCCA 152 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 18/04/2005
JUDGMENT DATE: 18 April 2005
JUDGMENT OF: Grove J at 39; Barr J at 38; Howie J at 1
DECISION: The Crown appeal against sentence is allowed. The order for service of sentence in the District Court that it be served by periodic detention is quashed, otherwise the sentences are confirmed so that on each count the respondent is sentenced to imprisonment for two years and six months with a non-parole period of 22 months and 15 days, each to commence on 4 February 2005. The non-parole period is to expire on 18 December 2006. The Court orders that the respondent be released to parole on 18 December 2006 and that he surrenders to custody forthwith.
CATCHWORDS: Criminal Law - Sentencing - Crown appeal - sentence manifestly inadequate by reason of order for periodic detention - order quashed.
Crimes Act 1900 - s 176A LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 3A
R v Geddes (1936) SR (NSW) 554 R v Dodd (1991) 57 A Crim R 349 R v Melville (1956) 73 WN (NSW) 579 R v Weldon, R v Carberry [2002] NSWCCA 475 CASES CITED: R v Hammoud (2000) 118 A Crim R 66 Pearce v The Queen (1998) 194 CLR 610 R v AEM [2002] NSWCCA 58 R v Blanco [1999] NSWCCA 121 R v Scwabbegger [1998] 4 VR 649
PARTIES: Regina v Lloyd John Scott
FILE NUMBER(S): CCA 2005/223 CCAP
D. Frearson SC - Crown COUNSEL: P. Formosa - Respondent
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