NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v LNT [2005] NSWCCA 307
HEARING DATE(S): 9 August 2005
JUDGMENT DATE: 8 September 2005
JUDGMENT OF: Simpson J at 1; Johnson J at 2; Rothman J at 3
DECISION: (i) Leave to appeal be granted;; (ii) Appeal allowed and the sentence of his Honour Acting Judge Kinchington QC imposed on 17 September 2004 be quashed.; (iii) The applicant be sentenced to a term of imprisonment of seven years to commence on 3 October 2003 and to expire on 2 October 2010 with a non-parole period of 4 years to commence on 3 October 2003 and to expire on 2 October 2007;; (iv) It is directed, pursuant to the terms of s.19 of the Children (Criminal Proceedings) Act 1987 that the whole of the term of the sentence of imprisonment be served as a juvenile offender.
CATCHWORDS: Criminal Law - Sentencing - manifestly excessive - misuse of aggravating factors - special circumstances - young offenders - whether offender should be treated as an adult - principles of sentencing minors and juveniles
Crimes Act 1900 LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999
R v MA [2004] NSWCCA 92 R v AEM Snr & Ors [2002] NSWCCA 58 R v Nichols (1991) 57 A Crim R 391 R v Gordon (1994) 71 A Crim R 459 R v Pham and Ly (1991) 55 A Crim R 129 CASES CITED: R v WKR (1993) 32 NSWLR 447 R v Bus (CCA, unreported, 3 November 1995) R v AD [2005] NSWCCA 258 R v AN [2005] NSWCCA 239 R v P [2004] NSWCCA 218
Crown PARTIES: LNT
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