NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v Sundar [2005] NSWCCA 93 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 15 March 2005
JUDGMENT DATE: 15 March 2005
JUDGMENT OF: Tobias JA at 1; Wood CJ at CL at 36; Buddin J at 37
DECISION: (1) Leave to appeal granted; (2) Appeal allowed and the sentence imposed on the applicant by Judge Maguire on 28 June 2004 be quashed; (3) In lieu of the sentence imposed by Judge Maguire, the applicant be sentenced to a term of three years imprisonment to commence on 28 March 2003 and expire on 27 March 2006 with a non-parole period of two years to commence on 28 March 2003 and expire on 27 March 2005; (4) Direct that the applicant be released to parole on the expiry of the non parole period on 27 March 2005
CATCHWORDS: CRIMINAL LAW - Sentencing - Appeal against severity of sentence - Application of guideline decision in R v Henry (1999) 46 NSWLR 346 - Discount for early plea of guilty - Significance of utilitarian value of plea - Discount for admissions and assistance to authorities - Assessment of objective seriousness of offence
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Henry (1999) 46 NSWLR 346 R v Hemsley [2004] NSWCCA 228 R v Thomson and Houlton (2000) 49 NSWLR 383 CASES CITED: R v Dib [2003] NSWCCA 117 R v SY & Anor [2003] NSWCCA 291 R v Ellis (1986) 6 NSWLR 603
Regina PARTIES: Jason Abhinay Sundar
FILE NUMBER(S): CCA 2005/98
A: A. Frances COUNSEL: R: J Bennett SC
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