NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v Ngo [2005] NSWCCA 107 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 29/03/2005
JUDGMENT DATE: 31 March 2005
JUDGMENT OF: Giles JA at 1; Hoeben J at 2; Johnson J at 37
DECISION: Appeal allowed; sentence manifestly excessive - re-sentenced - 2 years to be served by way of periodic detention.
CATCHWORDS: S 35(1) Crimes Act 1900, two step process in awarding periodic detention, reasons for not fixing non-parole period, appropriate start point for head sentence.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Eagleton [2003] NSWCCA 40 R v Hanslow [2002] NSWCCA 161 CASES CITED: R v Parsons and Poore [2002] NSWCCA 296 R v Schodle [2003] NSWCCA 164 R v Stephen [2003] NSWCCA 371
Man Ngo - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2004/3317
G Wendler - Applicant COUNSEL: G Rowling - Crown
Van Houten - Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0573
LOWER COURT JUDICIAL OFFICER: Dodd DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/3317
GILES JA HOEBEN J JOHNSON J
Thursday, 31 March, 2005
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