NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Potter [2005] NSWCCA 26
HEARING DATE(S): 14/02/2005
JUDGMENT DATE: 18 February 2005
JUDGMENT OF: Bryson JA at 1; Barr J at 2; Hoeben J at 3
DECISION: Leave to appeal against sentence granted. Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW - s249B(1)(a) Crimes Act 1900 - corruptly receive benefit - taking into account past criminal conduct with which offender has not been charged - relevance of good character in breach of trust offence - effect of delay in sentencing - balancing mitigating discounts with objective seriousness of offence.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
JCW (2000) 112 A Crim R 466 Pearce v The Queen (1998) 194 CLR 618 R v Cartwright (1989) 17 NSWLR 243 R v Dibb [2003] NSWCCA 117 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v NP [2003] NSWCCA 195 R v Todd (1982) 2 NSWLR 517 Veen (No 2) v The Queen (1988) 164 CLR 465 Weininger v The Queen (2003) 212 CLR 629
Rodney Wayne Potter - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2004/2398
P Byrne SC - Applicant COUNSEL: GIO Rowling - Respondent
Oates & Smith - Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0883
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2398
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