NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Davies [2005] NSWCCA 384
HEARING DATE(S): 05/10/2005
JUDGMENT DATE: 10 November 2005
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Hislop J at 3
DECISION: 1. Leave to appeal granted; 2. Appeal upheld; 3. Sentence quashed and, in lieu thereof, the applicant is sentenced to imprisonment for 7 years commencing on 13 September 2004 and expiring on 12 September 2011 with a non-parole period of 5 years 3 months commencing on 13 September 2004 and expiring on 12 December 2009.
CATCHWORDS: Sentencing - Crimes Act s 66A - Statistics - Sentence outside range.
Crimes Act 1900 - s 66A LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Everett v R (1994) 181 CLR 295 Markarian v The Queen [2005] HCA 25 R v Bloomfield (1998) 44 NSWLR 734 CASES CITED: R v Holder (1983) 3 NSWLR 245 R v Smith (NSWCCA 24 November 2003) R v Visconti (1982) 2 NSWLR 104 Wong v R (2001) 207 CLR 584
Andrew Lucas Davies - Applicant PARTIES: Regina - Respondent
FILE NUMBER(S): CCA 2005/894
Mr R Button SC - Applicant COUNSEL: Mr P Miller - Respondent
SE O'Connor (Legal Aid Commission of NSW) - Applicant SOLICITORS: S Kavanagh (Director of Public Prosecutions)- Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0427
LOWER COURT JUDICIAL OFFICER: Gibson QC ADCJ
- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/894
McCLELLAN CJ at CL GROVE J HISLOP J
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