NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hyman v Regina [2007] NSWCCA 47
HEARING DATE(S): 20/02/2007
JUDGMENT DATE: 27 February 2007
JUDGMENT OF: Sully J at 1; Bell J at 2; Hoeben J at 3
DECISION: Leave to appeal is granted.; The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - sentencing - offences of making and using a false instrument and obtaining a financial advantage by deception - application of s21A Crimes (Sentencing Procedure) Act 1999 - whether global approach to sentencing appropriate - requirement to apply Pearce v The Queen - whether sentences manifestly excessive.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Dowd [2005] NSWCCA 113 at [40]-[41] R v Hommoud (2000) 118 A Crim R 66 at 67-68 R v Simpson (2001) 53 NSWLR 704
PARTIES: Judy-Ann Hyman - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2007/0005
COUNSEL: David Carroll - Applicant W Dawe QC - Crown
SOLICITORS: Shiranica George, Lawyers S Kavanagh -Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/1012
LOWER COURT JUDICIAL OFFICER: Puckeridge DCJ
LOWER COURT DATE OF DECISION: 23/06/2006
IN THE COURT OF CRIMINAL APPEAL 2007/0005
SULLY J BELL J HOEBEN J
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