NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: BRAITHWAITE, Jarrett v. Regina [2005] NSWCCA 451
HEARING DATE(S): 14 December 2005
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: Hodgson JA at 1; McClellan CJ at CL at 32; Hall J at 33
DECISION: 1. Leave to appeal granted. 2. Appeal allowed, and sentences given below quashed. 3. On count 1, the applicant is sentenced to a non-parole period of 6 months to commence on 12 May 2005 and to expire on 11 November 2005, and an additional term of 12 months to commence on 12 November 2005 and expire on 11 November 2006. 4. On count 2, the applicant is sentenced to a non-parole period of 8 months to commence on 12 May 2005 and to expire on 11 January 2006, and an additional term of 16 months to commence on 12 January 2006 and to expire on 11 May 2007. 5. Order that the applicant be released to parole on 12 January 2006.
CATCHWORDS: CRIMINAL LAW - Appeal against sentence - Offences of supply prohibited drug - Whether youth and immaturity of offender significant - Approach to suspending sentence - Whether sentences manifestly excessive.
Hearne [2001] NSWCCA 37, 124 A Crim R 451 Kaina [2000] NSWCCA 23, 110 A Crim R 47 CASES CITED: R v. Foster [2001] NSWCCA 215 R v. GDP (1991) 53 A Crim R 112; R. v. Knapp [2004] NSWCCA 419
Jarrett Braithwaite - applicant PARTIES: Regina - opponent
FILE NUMBER(S): CCA 2005/1652
Ms. G. Bashir for appliclant COUNSEL: Mr. J. Bennett SC for opponent
S. O'Connor for applicant SOLICITORS: S. Kavanagh, Solicitor for Public Prosecutions for opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 05/11/0189
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