NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Scott [2005] NSWCCA 51
HEARING DATE(S): 18/02/2005
JUDGMENT DATE: 1 March 2005
JUDGMENT OF: Bryson JA at 1; Barr J at 2; Hoeben J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - s154AA(1) Crimes Act - steal motor vehicle - objective seriousness - use of subjective features - concurrency and accumulation.
Crimes Act 1900 LEGISLATION CITED: Crimes Sentencing Procedure Act 1999
R v Pearce (1998) 194 CLR 610 CASES CITED: R v Wheeler [2000] NSWCCA 34
Tracey Lee-Ann Scott - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2004/2611
John P Punch - Applicant COUNSEL: D Arnott - Crown
Ryan and Bosscher - Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/0004
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2611
BRYSON JA BARR J HOEBEN J
Tuesday, 1 March, 2005 REGINA v Tracey Lee-Ann SCOTT JUDGMENT 1 BRYSON JA: I agree with Hoeben J. 2 BARR J: I agree with Hoeben J. 3 HOEBEN J: Offences and sentence On 18 December 2003 the applicant pleaded guilty to four counts of steal a motor vehicle under s154AA(1) of the Crimes Act 1900. The offences occurred on 1 March 2003, 23 March 2003, 3 May 2003 and 11 May 2003. The maximum penalty for each offence is 10 years imprisonment. 4 On 21 June 2004 the applicant came before his Honour Delaney DCJ for sentence. The sentences imposed by his Honour were:
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