NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Jeanie Anne Marie VINCENT [2005] NSWCCA 135
HEARING DATE(S): 7 April 2005
JUDGMENT DATE: 7 April 2005
JUDGMENT OF: Spigelman CJ at 1 & 28; Studdert J at 26; Greg James J at 27
DECISION: 1. Appeal allowed and sentence quashed.; 2. The Respondnet is sentenced to a non-parole period of 3 years commenceing on 15 December 2003 and expiring on 14 December 2006 and a balance of term of 3 years commencing on 15 December 2006.
CATCHWORDS: CRIMINAL LAW - SENTENCING - Crown Appeal - Whether sentence manifestly inadequate - Armed robbery - Guilty plea - Prior criminal history - Offence committed in company - Intrusion in victim's home - Offence committed during parole period - Offence partially planned - Where possibility that sentence would not impose futher punishment.
Crimes (Sentencing Procedure) Act 1999: s3A, s21A LEGISLATION CITED: Crimes Act 1900: s97(1) Criminal Appeal Act 1912: s5D
CASES CITED: R v Henry (1999) 46 NSWLR 346
Regina (Appellant) PARTIES: Jeannie Anne Marie VINCENT (aka HARRIS) (Respondent)
FILE NUMBER(S): CCA CCA 2005/58
J Bennett SC (Appellant) COUNSEL: C B Cragie SC (Respondent)
S Kavanagh - Solicitor for Public Prosecutions (Appellant) SOLICITORS: Sydney Regional Aboriginal Corporation Legal Service (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0884
LOWER COURT JUDICIAL OFFICER: Armitage DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/58
SPIGELMAN CJ STUDDERT J GREG JAMES J
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