NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MOBBS v R [2005] NSWCCA 438
HEARING DATE(S): 8 December 2005
JUDGMENT DATE: 14 December 2005
JUDGMENT OF: McClellan CJ at CL at 1; Studdert J at 50; James J at 51
DECISION: 1. Leave to appeal against sentence is granted; 2. Appeal allowed; 3. The sentence imposed is quashed; 4. In lieu thereof the applicant is sentenced to a term of imprisonment of 6 months and 11 days commencing on 28 May 2005 and expiring on 8 December 2005, that sentence to be served by way of periodic detention.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - false statement with intent to hinder the investigation of the person responsible for serious indictable offence - whether erred, as a result of lack of assistance from counsel, in taking into account certain matters resulting in an adverse impression of the applicant's credibility - whether erred by sentencing on basis of facts which give rise to more serious offence - whether erred in not making reference to guilty plea - whether manifestly excessive
LEGISLATION CITED: Crimes Act 1900
R v De Simoni (1981) 147 383 CASES CITED: R v Pearson [2005] NSWCCA 116 R v Thomson and Houlton (2000) 49 NSWLR 383
Kelly Francis Mobbs (Appl) PARTIES: The Crown
FILE NUMBER(S): CCA 2005/2089
R Sutherland SC (Appl) COUNSEL: J Dwyer (Crown)
Robertson Saxton Primrose Dunn (Appl) SOLICITORS: Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/61/10092
LOWER COURT JUDICIAL OFFICER: Shadbolt DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/2089
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