NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Rogerson [2005] NSWCCA 12
HEARING DATE(S): 4/2/05
JUDGMENT DATE: 4 February 2005
JUDGMENT OF: Dunford J at 55; Bell J at 1
DECISION: 1. Grant leave to bring the appeal; 2. Allow the appeal and quash the sentence imposed in the District Court. In lieu thereof (taking into account the offence on the Form 1); Sentence the applicant to a non-parole period of twenty-six months to commence on 17 June 2003. The non-parole period will expire on 16 August 2005. Specify a balance of term of twenty-five months. The balance of the sentence will expire on 16 September 2000; the total term of the sentence being thus one of four years and three months imprisonment.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 Regina v Brett (2004) NSWCCA 372 CASES CITED: Regina v Grbin (2004) NSWCCA 220 Regina v Ponfield (1999) 48 NSWLR 327 Regina v Sutton (2004) NSWCCA 225 Regina v Thompson (2000) 49 NSWLR 383
Regina (Respondent) PARTIES: Scott Allan Rogerson (Applicant)
FILE NUMBER(S): CCA 2004/2534
B Knox SC (Crown) COUNSEL: M Johnson (Applicant)
S Kavanagh SOLICITORS: SE O'Connor (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3312
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2534
DUNFORD J BELL J
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