NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: LJG v. REGINA [2006] NSWCCA 216 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): Thursday 20 July 2006
JUDGMENT DATE: 20 July 2006
JUDGMENT OF: McClellan CJ at CL at 1/39; Hulme J at 40; Hall J at 2
EX TEMPORE JUDGMENT DATE: 07/20/2006
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: CRIMINAL LAW – SENTENCING – application for leave to appeal against sentence – whether error in the standard non-parole period – whether any lesser sentence is warranted in law pursuant to s.3 of the Criminal Appeal Act 1912 (NSW) – error in the approach taken to the application of the standard non-parole period – sentence not excessive – significance of error in the application of the standard non-parole period not such as to move the Court to form the statutorily required positive opinion that some other sentence is warranted in law.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes Act 1900
Regina v Way (2004) 60 NSWLR 168 Regina v GDP (1991) 53 A. Crim. R. 112 CASES CITED: Regina v Tory [2006] NSWCCA 18 Markarian v The Queen (2005) 215 ALR 213 Regina v Simpson (2001) 53 NSWLR 704
PARTIES: LJG v. REGINA
FILE NUMBER(S): CCA 2006/796
COUNSEL: Crown: P. Barrett App: T. Golding
SOLICITORS: Crown: S. Kavanagh App: K. Wells
LOWER COURT JURISDICTION: District Court
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