NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v John Michael Murphy [2005] NSWCCA 182
HEARING DATE(S): 09/05/2005
JUDGMENT DATE: 9 May 2005
JUDGMENT OF: Hulme J at 36; Barr J at 38; Buddin J at 1
DECISION: 1 Leave to appeal granted. 2 Appeal allowed. 3 Quash the sentence imposed in the District Court. 4 In lieu thereof sentence the applicant to a non-parole period of 2 years to date from 24 June 2004. The overall sentence will be one of 2 years 8 months which will expire on 23 February 2007. 5 The applicant be released on parole on 23 June 2006.
CATCHWORDS: Sentence - aggravated entry with intent to commit a serious indictable offence - aggravating factors where matter is an element of offence - utilitarian value of plea - "special circumstances".
Crimes Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act
R v Berg [2004] NSWCCA 300 R v Davies [2004] NSWCCA 310 R v Day (CCA(NSW) unreported 23 April 1998) CASES CITED: R v Grbin [2004] NSWCCA 220 R v Simpson (2001) 53 NSWLR 704 R v Thomson & Houlton (2000) 49 NSWLR 383
Regina PARTIES: John Michael Murphy
FILE NUMBER(S): CCA 2005/402
V Lydiard (Crown) COUNSEL: P Hamill SC/ M Avenell (Applicant)
S Kavanagh (Crown) SOLICITORS: Tony Cox (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/51/0031
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/402
HULME J BARR J BUDDIN J
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