NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Stewart [2005] NSWCCA 290
HEARING DATE(S): 11 August 2005
JUDGMENT DATE: 22 August 2005
JUDGMENT OF: Simpson J at 1; Johnson J at 2; Rothman J at 3
DECISION: (a) Leave to appeal be granted (b) Appeal be allowed (c) Sentence for both Counts 1 and 2 imposed by his Honour Judge Coolahan DCJ on the applicant on 9 January 2005 be quashed and in lieu thereof the following sentences be imposed: (i) Count 1: imprisonment for a fixed term of 12 months commencing on 27 February 2004 and expiring on 26 February 2005 (ii) Count 2: imprisonment for a non-parole period of 12 months commencing on 27 August 2004 and expiring on 26 August 2005. The balance of the term of 2 years commencing on 27 August 2005 and expiring on 26 August 2007
CATCHWORDS: Criminal Law - Sentencing - offender punished twice for overlapping criminal conduct - credit for prior imprisonment for the criminal conduct
Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
R v Carter (Court of Criminal Appeal, 9 March 1978) Pearce v The Queen (1998) 194 CLR 610 R v Boulghourgian (2001) 125 A Crim R 540 CASES CITED: R v Simpson (2001) 53 NSWLR 704 Veen [No. 2] (1998) 164 CLR 465 R v Johnson [2004] NSWCCA 76
Crown PARTIES: Kevin John STEWART
FILE NUMBER(S): CCA 2005/1321
Applicant - Ms J Manuell COUNSEL: Crown - W Dawe QC
Applicant - S.E. O'Connor - Legal Aid Commission SOLICITORS: Crown - S. Kavanagh - DPP
LOWER COURT JURISDICTION: District Court
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