NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Cunningham [2006] NSWCCA 176
HEARING DATE(S): 7/4/06
JUDGMENT DATE: 5 June 2006
JUDGMENT OF: Grove J at 1; Simpson J at 6; Bell J at 7
DECISION: 1. Grant leave to appeal; 2. Allow the appeal with respect to the sentence imposed on count 5, in lieu thereof substitute a sentence comprising a non-parole period of 5 years and 3 months to date from 17 October 2005 and a balance of term of 5 years. The first date on which the applicant will be eligible for consideration of release on parole is 16 January 2011; 3. Dismiss the appeal and confirm the sentences imposed in the District Court on counts 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12,13,14,15,16,17, and 18.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
R v AGR (unreported) NSWCCA 24 July 1998 R v BJW [2000] NSWCCA 60; 112 A Crim R 1 R v Daetz [2003] NSWCCA 266; 139 A Crim R 398 R v Dent (unreported) NSWCCA, 14 March 1991 CASES CITED: R v McQueeney [2005] NSWCCA 168 R v Simpson (2001) 53 NSWLR 704 R v Soloman [2005] NSWCCA 158 R v Way [2004] NSWCCA 131; 60 NSWLR 168 at 199 Veen v The Queen (No 1) 1979 143 CLR 458 Veen v The Queen (No 2) 1987 164 CLR 465
PARTIES: Barrie Patrick Cunningham (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/20
COUNSEL: C Smith (Applicant) P Ingram (Respondent - Crown)
SOLICITORS: Steve O'Connor (Applicant) S Kavanagh (Respondent)
LOWER COURT JURISDICTION: District Court
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