NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Winn v R [2007] NSWCCA 44
HEARING DATE(S): 22/01/07
JUDGMENT DATE: 27 February 2007
JUDGMENT OF: Adams J at 1; Howie J at 42; Price J at 43
DECISION: The sentences imposed in the District Court should be quashed and the following sentences substituted – (i) in respect of the first count, a minimum term of one year and six months' imprisonment to commence on 9 September 2005 and expire on 8 March 2007 with a balance of term of two years to expire on 8 March 2009; (ii) in respect of the second count, a fixed term of one year, to commence on 9 September 2005 and expire on 8 September 2006; (iii) the applicant is to be released to parole at the expiration of the minimum term specified on count one.
CATCHWORDS: sentence appeal - violent assaults on police - whether difference between remorse and contrition - standard non-parole period - failure to consider - sentences reduced
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v Way (2004) 60 NSWLR 168
PARTIES: Richard Peter Winn Regina
FILE NUMBER(S): CCA 2006/2055
COUNSEL: Applicant: Mr P Boulten SC Respondent: Mr R Herps
SOLICITORS: Applicant: Mr L D Lock Respondent: Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/3098
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
LOWER COURT DATE OF DECISION: 02/12/2005
IN THE COURT OF CRIMINAL APPEAL 2006/2055
ADAMS J HOWIE J PRICE J
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