NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: WISE v REGINA [2006] NSWCCA 264
HEARING DATE(S): 7 August 2006
JUDGMENT DATE: 5 September 2006
JUDGMENT OF: Spigelman CJ at 1; Howie J at 2; Rothman J at 3
DECISION: (a) Leave to appeal be granted; (b) In relation to Count 1, the sentence imposed by Blackmore DCJ on 4 February 2005 be quashed and in lieu thereof the applicant be sentence on Count 1, break Enter and Steal committed on 10 March 2003, to a non-parole period of 9 months commencing 26 October 2005 and expiring 25 July 2006 with a balance of term of 6 months commencing 26 July 2006 and expiring 25 January 2007; (c) Otherwise the appeal is dismissed.
CATCHWORDS: Criminal Law - Appeal - Jurisdiction to resentence on revocation of s.12 Bond - Capacity to appeal - Error of law - Compliance with s.44 and s.45 of Crimes (Sentencing Procedure) Act - Exchanges during sentences - Relevance of SUmmary Disposal - No manifest excess
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999 Criminal Appeal Act 1912
R v Simpson (2001) 53 NSWLR 704 R v El Masri [2005] NSWCCA 167 Barret v DPP [2006] NSWCCA 210 R v Tolley [2004] NSWCCA 165 CASES CITED: R v Graham [2004] NSWCCA 420 Pelechowski v Registrar Court of Appeal (1999) 198 CLR 435 Calvin v Carr [1980] AC 574 R v Millar [2005] NSWCCA 202 R v Pham [2005] NSWCCA 94 Veen v The Queen (No 2) (1998) 164 CLR 465
PARTIES: A: Jeremy Wilton WISE R: Regina
FILE NUMBER(S): CCA 2006/1342
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