NSW Caselaw
Reported Decision : 158 A Crim R
New South Wales Court of Criminal Appeal
CITATION: Murphy v Regina [2005] NSWCCA 412
HEARING DATE(S): 28/11/05
JUDGMENT DATE: 2 December 2005
JUDGMENT OF: Studdert J at 1; Whealy J at 2; Howie J at 8
DECISION: I propose that the application for leave be granted, the appeal allowed and the sentence imposed by her Honour be quashed. In place of that sentence I propose that the applicant be sentenced to a term of imprisonment of three and a half years. The sentence is to commence on 21 November 2003. I propose a non-parole period of two years and three months. The balance of the sentence should be for a further fifteen months. The applicant will be eligible for parole on 20 February 2006.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act
Lowe v The Queen (1984) 154 CLR 606 Regina v Wickham [2004] NSWCCA 193 per Howie J Regina v Shankley [2003] NSWCCA 253 at (31) Regina v Johnson [2004] NSWCCA 76 CASES CITED: R v Atonio [2005] NSWCCA 200 at para 17 Regina v Steel ( unreported NSWCCA 17 April 1997) Parr v Diamond (unreported NSWCCA 18 February 1993) R v Hooper (unreported NSWCCA 19 November 1998)
PARTIES: Michelle Leanne Murphy v Regina
FILE NUMBER(S): CCA 2005/1279
Mr J. Stratton SC - Appellant COUNSEL: Mr W. Dawe QC - Crown
S. O'Connor - Legal Aid Commission of NSW SOLICITORS: S Kavanagh - DPP
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Murrell DCJ
- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/127
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