NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Baxter [2005] NSWCCA 234
HEARING DATE(S): 28/06/05
JUDGMENT DATE: 28 June 2005
JUDGMENT OF: Grove J at 1; Hoeben J at 2; Hall J
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Appeal against sentence - discount for plea of guilty - matters of aggravation under s21A Crimes (Sentencing Procedure) Act.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v De Simoni (1981) 147 CLR 383 R v Drew [2005] NSWCCA 384 CASES CITED: R v Ponfield (1999) 48 NSWLR 327 R v Sutton [2004] NSWCCA 225
Crown - Respondent PARTIES: Shane Raoul Baxter - Applicant
FILE NUMBER(S): CCA 2005/522
A Francis - Applicant COUNSEL: G Rowling - Crown
SE O'Connor - Solicitor for Legal Aid SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/41/0042; 04/41/0045
LOWER COURT JUDICIAL OFFICER: Phelan DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/522
GROVE J HOEBEN J HALL J
Tuesday, 28 June, 2005 REGINA v Shane Raoul BAXTER Judgment 1 HOEBEN J: Offences and sentence On 26 August 2004 the applicant was sentenced as follows by Phelan DCJ. The offences are set out in the order in which they were dealt with by his Honour. (1) 13 August 2001 – break enter and steal contrary to s112(1) Crimes Act 1900 – maximum penalty 14 years imprisonment
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