NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Mobbs [2005] NSWCCA 371
HEARING DATE(S): 19 October 2005
JUDGMENT DATE: 19 October 2005
JUDGMENT OF: Simpson J at 1, 60; Adams J at 61; Johnson J at 2
DECISION: 1. Leave to appeal granted; 2. Appeal allowed; 3. Sentence imposed in the District Court quashed and, in lieu thereof, Applicant sentenced to a fixed term of imprisonment for four months to date from 22 April 2005.
CATCHWORDS: SENTENCING - hindering investigation of serious indictable offence - impermissible finding of aggravating circumstances - unusual example of offence under s.315(1)(a) Crimes Act 1900 - sentence manifestly excessive.
Crimes Act 1900 Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
The Queen v De Simoni (1981) 147 CLR 383 R v Selvage (1982) 1 QB 372 The Queen v Rogerson (1992) 174 CLR 268 R v Hamze [2005] NSWSC 136 R v El-Zeyat [2002] NSWCCA 138 CASES CITED: Regina v Thomson and Houlton (2000) 48 NSWLR 383 R v Potter (1994) 72 A Crim R 108 R v Sharma (2002) 54 NSWLR 300 R v Skinner [2000] NSWSC 303 R v Derbas [2003] NSWCCA 44 R v Ahmad [2005] NSWSC 848
Regina (Respondent) PARTIES: Lucas Rodney Mobbs (Applicant)
FILE NUMBER(S): CCA 2005/1719
Ms A Francis (Applicant) COUNSEL: Mr W Dawe QC (Respondent)
Mr S O'Connor - Legal Aid Commission (Applicant) SOLICITORS: Mr S Kavanagh - Solicitor for Public Prosecutions (Respondent)
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