NSW Caselaw
New South Wales Court of Criminal Appeal
R v Christopher Aaron Honeyman [2005] NSWCCA 39 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 15/02/2005
JUDGMENT DATE: 15 February 2005
JUDGMENT OF: Grove J at 19; Bell J at 20; Buddin J at 1
DECISION: 1 Grant leave to appeal. 2 Allow the appeal and quash the sentences imposed in the District Court. 3 In respect of the offence of detain for advantage, sentence the applicant to imprisonment for 12 months to date from 10 March 2004. 4 In respect of the offence of malicious wounding, and taking into account the Form 1 matter, sentence the applicant to 2½ years imprisonment with a non-parole period of 12 months with each term to commence on 10 September 2004. The total effective head sentence is thus one of 3 years which will expire on 9 March 2007. The overall non-parole period will expire on 9 September 2005 at which time the applicant is to be released on parole.
CATCHWORDS: Sentencing - malicious wounding - detain with intent to obtain an advantage - linking of strength of Crown case to utilitarian value of the plea - delay - manifestly excessive sentences
LEGISLATION CITED: Crimes Act
CASES CITED: R v Thomson and Houlton (2000) 49 NSWLR 383
Regina PARTIES: Christopher Aaron Honeyman
FILE NUMBER(S): CCA 2004/2652
W Dawe QC (Crown) COUNSEL: M Ramage QC (Applicant)
S Kavanagh (Crown) SOLICITORS: Voros Lawyers (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3009
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2652
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