NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Wayne Holten v Regina [2005] NSWCCA 408
HEARING DATE(S): 29/07/2005
JUDGMENT DATE: 28 November 2005
JUDGMENT OF: Hulme J at 1; Hidden J at 14; Latham J at 49
DECISION: Leave granted, appeal allowed. By majority, sentence for armed robbery (Hennessy) reduced to fixed term of five-and-a-half years from 9 November 2005. Sentence for specially aggravated kidnapping reduced to nine years, with non-parole period of five-and-a-half years, from 9 November 2005. Sentences on other charges confirmed. Applicant eligible for release on parole on 8 May 2011.
CATCHWORDS: CRIMINAL LAW - Application for leave to appeal against sentence - offences of armed robbery, specially aggravated detaining for advantage and related offences arising from three separate incidents - sentencing judge's approach to aggravating factors under s21A, Crimes (Sentencing Procedure) Act - whether sentences excessive - youth of offender - length of effective non-parole period
Crimes Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act s21A Criminal Appeal Act
R v Johnson [2004] NSWCCA 76 Veen v The Queen [No2] (1988) 164 CLR 465 R v Wickham [2004] NSWCCA 193 R v Henry (1990) 46 NSWLR 346 CASES CITED: GDP (1991) 53 ACrimR 112 Fernando (1992) 76 ACrimR 58 Tran [1999] NSWCCA 109 Nichols (1991) 57 ACrim R 396 Hearne (2001) 124 ACrim R 451
Wayne Daniel Holten (applicant) PARTIES: Regina (respondent)
FILE NUMBER(S): CCA 2005/603
P J Pearsall (applicant) COUNSEL: Ms J Girdham (Crown)
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