NSW Caselaw
Reported Decision : 157 A Crim R 504
New South Wales Court of Criminal Appeal
Regina v Hilton [2005] NSWCCA 317 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 14 March 2005
JUDGMENT DATE: 7 September 2005
JUDGMENT OF: Adams J at 1; Bell J at 34; Hall J at 35
DECISION: Appeal in respect of the s 91E offences allowed. Substitute fixed term of two months imprisonment on each offence to date from 22 November 2005 and expire on 21 January 2006
CATCHWORDS: Sentence appeal - offences under s91E and s91F Crimes Act 1900 - multiple offences - common factual elements - same effective sentence for both series of offences - double punishment - appeal upheld
Crimes Act 1900 LEGISLATION CITED: Mental Health Act 1990 Crimes (Sentencing Procedure) Act 1999
Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Allpass (1984) 72 A Crim R 561
Regina - Respondent PARTIES: Neville Francis HILTON - Appellant
FILE NUMBER(S): CCA 2005/90
Crown / Respondent - Ms G Girdham COUNSEL: Appellant - Mr J Doris
Mr S Kavanagh - Solicitor for Public Prosecutions SOLICITORS: Leo and Morrison - Solicitors - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0729
LOWER COURT JUDICIAL OFFICER: Latham DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/90 ADAMS J BELL J HALL J
7 September 2005 REGINA v Neville Francis HILTON Judgment
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