NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Fields [2005] NSWCCA 37
HEARING DATE(S): 16/02/2005
JUDGMENT DATE: 16 February 2005
JUDGMENT OF: Bryson JA at 1; Barr J at 40; Hoeben J at 2
DECISION: Leave to appeal against sentence granted - appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW: s95(1) Crimes Act 1900 - assault maliciously inflict actual bodily harm with intent to rob - objective seriousness of offence - balancing aggravating and mitigating factors.
LEGISLATION CITED: Crimes Act 1900
R v Ceissman [2001] NSWCCA 73 R v Fernando (1994) 76 A Crim R 58 at 62-3 R v Fernando [2002] NSWCCA 28 CASES CITED: R v Hayes [2002] NSWCCA 410 R v Lao [2003] NSWCCA 315 R v Pitt [2001] NSWCCA 156
Karl Douglas Fields - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2004/2450
R Hulme SC - Applicant COUNSEL: DC Frearson SC - Respondent
Sydney Regional Aboriginal Corporation Legal Service - Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/61/0160
LOWER COURT JUDICIAL OFFICER: Nield DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2450
BRYSON JA BARR J HOEBEN J
Wednesday, 16 February, 2005 REGINA v Karl Douglas FIELDS Judgment 1 BRYSON JA: We will proceed to give judgment and Hoeben J will give judgment first. 2 HOEBEN J: Offence and sentence On 11 March 2003 the applicant was sentenced by his Honour Judge Nield in the District Court at Bathurst in relation to the following offence:
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