NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CTC v Regina [2006] NSWCCA 263 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 21/8/06
JUDGMENT DATE: 6 September 2006
JUDGMENT OF: Grove J at 1; Kirby J at 2; Hislop J at 43
DECISION: Leave to appeal granted, but the appeal dismissed.
CATCHWORDS: Criminal Practice & Procedure - appeal against severity of sentence - discount for plea of guilty - negotiations with Crown - fresh indictment - assistance - relevance of sentences of co-offenders where no parity - whether manifestly excessive.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
R v Sukkar [2006] NSWCCA 92 Atholwood v R (1999) 109 A Crim R 465 CASES CITED: Cameron v The Queen (2002) 209 CLR 339 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295
PARTIES: CTC (App) Regina (Resp)
FILE NUMBER(S): CCA 2006/865
COUNSEL: G K Walsh (App) W Dawe QC (Crown/Resp)
SOLICITORS: The Law Practice (App) S Kavanagh (Crown/Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0701
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 26/8/05
IN THE COURT OF Revised CRIMINAL APPEAL 2006/865
GROVE J KIRBY J HISLOP J
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