NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v. McNAMARA [2005] NSWCCA 195
HEARING DATE(S): Friday 20 May 2005
JUDGMENT DATE: 20 May 2005
JUDGMENT OF: Simpson J at 48; Buddin J at 49; Hall J at 1
DECISION: Leave to appeal granted; appeal granted; the sentence of eight and a half years quashed; in lieu thereof, the applicant is sentenced to a term of six years to commence on 6 June 2003 and to expire on 5 June 2009, with a non-parole period of three and half years to commence on 6 June 2003 and to expire on 5 December 2006. The earliest date on which the applicant will be eligible for release on parole is 5 December 2006.
CATCHWORDS: Criminal law - appeal against sentence - aggravating factors - manifestly excessive sentence - threatened use of violence - record of previous convictions - without regard to public safety - offence a planned activity - Henry guideline judgment - starting point - less severe sentence is warranted.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s.21A Criminal Appeal Act 1912
Wickham [2004] NSWCCA 193 Henry (1999) 46 NSWLR 346 CASES CITED: Way [2004] 60 NSWLR 168 Hemsley [2004] NSWCCA 228
REGINA v. PARTIES: John Frederick McNAMARA
FILE NUMBER(S): CCA 2005/401
Crown: G. Rowling COUNSEL: App: C.B. Craigie, SC.
Crown: S. Kavanagh SOLICITORS: App: Watsons
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/71/0097
LOWER COURT JUDICIAL OFFICER: Norrish, DCJ.
IN THE COURT OF CRIMINAL APPEAL 2005/401
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate