NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Simon [2005] NSWCCA 123
HEARING DATE(S): 5/04/05
JUDGMENT DATE: 5 April 2005
JUDGMENT OF: Spigelman CJ at 36; Studdert J at 37; Howie J at 2
DECISION: (1) Grant leave to appeal.; (2) Allow the appeal and quash the sentence imposed for the first count on the indictment. In lieu thereof there should be a non-parole period of 8 years to date from 2 June 2003 and to expire on 1 June 2011 the date upon which the applicant is eligible to be released to parole. The balance of the term is to be 4 years to date from 2 June 2011 and to expire on 1 June 2015
CATCHWORDS: Application for leave to appeal against sentence. No error but manifestly excessive. No point of principle.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Tobar [2004] NSWCCA 391 R v Way (2004) 60 NSWLR 168 CASES CITED: R v P [2004] NSWCCA 218 R v Pellew [2004] NSWCCA 434 R v Fernando (1992) 76 A Crim R 58
Warren Mathew Simon - Appellant/Applicant PARTIES: The Queen - Respondent
FILE NUMBER(S): CCA 2005/19
H. Cox - Applicant/Appellant COUNSEL: E. Wilkins - Respondent
P. Brown - Many Rivers Aboriginal Legal Service SOLICITORS: S. Kavanagh (Solicitor for Public Prosecution)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/31/0057
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
- 12 - IN THE COURT OF CRIMINAL APPEAL 2005/19
SPIGELMAN CJ STUDDERT J HOWIE J
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