NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Oliver [2005] NSWCCA 6
HEARING DATE(S): 31/01/05
JUDGMENT DATE: 4 February 2005
JUDGMENT OF: Sully J at 1; Kirby J at 2
DECISION: 1. Time for filing the Notice Seeking Leave to Appeal extended; 2. Leave to appeal granted; 3. The appeal allowed and the sentence imposed on 3 May 2003 in respect of Count 1 quashed, the sentence on Count 2 confirmed; 4. In lieu of the sentence in respect of Count 1, and taking into account the matters on the Form 1, the applicant sentenced to a term of imprisonment of 4 years 6 months commencing on 15 August 2002 and expiring on 14 February 2007, with a non parole period of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005, at which time the applicant will be eligible for release on parole.
CATCHWORDS: Criminal Practice & Procedure - sentence appeal - plea of guilty - irrelevance of strength of Crown case to utilitarian value - error - whether Court should intervene - s6(3) - principle for intervention.
Crimes Act 1900 Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Bail Act 1978 Criminal Appeal Act 1912
R v Sutton [2004] NSWCCA 225 R v Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED: R v Astill (No 2) (1992) 64 A Crim R 289 R v Boulghourgian (2001) 125 A Crim R 540 R v Christopher Shaw (Bell DCJ 28.5.2004)
Regina PARTIES: Daryl Shane Oliver
FILE NUMBER(S): CCA 2004/2386
Ms J Girdham (Crown/Resp) COUNSEL: Ms A Francis (Appl)
S E O'Connor (Crown/Resp) SOLICITORS: S Kavanagh (Appl)
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