NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Hardy [2005] NSWCCA 294
HEARING DATE(S): 11/02/05
JUDGMENT DATE: 30 August 2005
JUDGMENT OF: James J at 1; Hidden J at 2; Bell J at 20
DECISION: Leave granted, appeal allowed: sentence of six years confirmed - non-parole period set aside - substitute non-parole period of three and a half years to date from 30 October 2002.
CATCHWORDS: CRIMINAL LAW - Application for leave to appeal against sentence - armed robbery - special circumstances - sentence erroneously passed under amended s44, Crimes (Sentencing Procedure) Act - approach to sentencing under amended section when special circumstances found
Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Sentencing Act 1989 (repealed) Criminal Appeal Act 1912
R v Cramp [2004] NSWCCA 264 R v Way (2004) 60 NSWLR 168 CASES CITED: R v Moffitt (1990) 20 NSWLR 114 R v Henry & Ors (1999) 46 NSWLR 346
Regina (respondent) PARTIES: Jason Hardy (applicant)
FILE NUMBER(S): CCA 2004/2656
R Hulme SC (applicant) COUNSEL: P Ingram (Crown)
Ross Hill & Associates (applicant) SOLICITORS: S Kavanagh (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0422
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
IN THE COURT OF CRIMINAL APPEAL 2656/2004
James J Hidden J Bell J
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