NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Cameron [2005] NSWCCA 357
HEARING DATE(S): 25/10/2005
JUDGMENT DATE: 10 November 2005
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 2; Hoeben J at 3
DECISION: Leave to appeal granted. Appeal allowed. Sentences in respect of counts 1 and 2 confirmed. Sentence in respect of count 3 quashed and in lieu thereof applicant sentenced to a term of imprisonment of 2 years with a non-parole period of 15 months, such sentence to commence on 2 September 2005 and to expire on 1 September 2007 with the non-parole period to expire on 1 December 2006.
CATCHWORDS: Sentence appeal - plea of guilty - irrelevance of strength of Crown case to utilitarian value - error - whether court should intervene - s44(2) Criminal Practice and Procedure Act - need to adjust non-parole period after partial accumulation of sentences to maintain statutory ratio.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Glenister (1980) 2 NSWLR 597 R v Pantano (1990) 49 A Crim R 328 at 330 CASES CITED: R v Sutton [2004] NSWCCA 225 R v Thomson and Houlton (2000) 49 NSWLR 303
Alexander Douglas Cameron - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2005/1300
Wayne Flynn - Applicant COUNSEL: James Bennett SC - Crown
Marsden's Law Group - Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3373
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1300
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