NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: RE v R [2005] NSWCCA 429
HEARING DATE(S): 8/12/05
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: McClellan CJ at CL at 1; Studdert J at 5; James J at 6
DECISION: Leave to appeal granted. Appeal allowed - applicant re-sentenced (see par 48)
CATCHWORDS: CRIMINAL LAW – sentence – offences of – breaking, entering and stealing from warehouse – detaining a security guard with the intention of obtaining an advantage – robbing of security guard – whether the sentencing judge gave an insufficient allowance for the applicant's assistance and pleas of guilty – whether the sentences were manifestly excessive
Crimes Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act Criminal Appeal Act
Pearce v The Queen (1998) 194 CLR 610 R v Gallagher (1991) 23 NSWLR 220 CASES CITED: R v M [2005] NSWCCA 224 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Waqa (No 2) [2005] NSWCCA 33
PARTIES: RE v R
FILE NUMBER(S): CCA 2005/1449
J Dwyer - Crown COUNSEL: A Francis - Applicant
S Kavanagh SOLICITORS: Steve O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0184
LOWER COURT JUDICIAL OFFICER: Judge Solomon
IN THE COURT OF CRIMINAL APPEAL 2005/1449
McCLELLAN CJ at CL STUDDERT J JAMES J
FRIDAY 16 DECEMBER 2005 RE v R Judgment
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