NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v. FRANKS [2005] NSWCCA 196
HEARING DATE(S): Friday 20 May 2005
JUDGMENT DATE: 20 May 2005
JUDGMENT OF: Simpson J at 41; Buddin J at 42; Hall J at 1
DECISION: Leave to appeal granted; appeal granted in part; the sentence of four years imprisonment from 6 June 2003 to 5 June 2007 with respect to the offence under s.33B(1)(a), Crimes Act 1900 be quashed; in respect of the offence under s.33B(1)(a), Crimes Act 1900, a fixed term of three and a half years imprisonment from 6 June 2003 to 5 December 2006 be substituted in lieu of the sentence imposed of four years imprisonment; the sentence imposed with respect to the offence under s.97(2), Crimes Act 1900 be quashed; in respect of the offence under s.97(2), Crimes Act 1900, a total sentence of eight and a half years be substituted from 6 December 2004 to 5 June 2013 with a non-parole period of four years from 6 December 2004 to 5 December 2008. The eariest date on which the applicant will be eligible for release on parole of 5 December 2008.
CATCHWORDS: Criminal law - appeal against sentence - aggravating factor - aggravating factor was an element of the offence - manifestly excessive sentence - Henry guideline - starting point.
Crimes Act 1900 - s.97(2) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s.21A Criminal Appeal Act 1912
Foster (1995) 78 A. Crim. R. 517 Mohamadin [2004] NSWCCA 401 CASES CITED: Milojevic [2001] NSWCCA 461 Henry (1999) 46 NSWLR 346 Hemsley [2004] NSWCCA 228
REGINA v. PARTIES: Cory Dean FRANKS
FILE NUMBER(S): CCA 2005/525
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