NSW Caselaw
Reported Decision: 174 A Crim R 116
New South Wales Court of Criminal Appeal
CITATION: Vaovasa v R [2007] NSWCCA 253 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 06/08/2007
JUDGMENT DATE: 28 August 2007
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 2; Harrison J at 34
DECISION: Application for leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Criminal Law - Sentencing - Disparity with co-offenders - concurrent sentences for offences against different victims - sentences unduly lenient for all offenders - Court refused to intervene.
LEGISLATION CITED: Crimes Act 1900 - s 97(1)
R v MMK (2006) 164 A Crim R 481 Cahyadi v R (2007) 168 A Crim R 41 Pearce v The Queen (1998) 194 CLR 610 R v Weldon and Carberry (2002) 136 A Crim R 55 CASES CITED: R v Wilson [2005] NSWCCA 219 R v KM [2004] NSWCCA 65 R v Dunn [2004] NSWCCA 41 R v House [2005] NSWCCA 88 R v Henry (1999) 46 NSWLR 346 Tatana v R [2006] NSWCCA 398
PARTIES: Benjamin Teliu Vaovasa v Regina
FILE NUMBER(S): CCA 2006/5135 (formerly 2007/1039)
COUNSEL: M. Barr - Crown T. Gartelmann - Applicant
SOLICITORS: S. Kavanagh - Crown S. O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0384
LOWER COURT JUDICIAL OFFICER: Boulton ADCJ
LOWER COURT DATE OF DECISION: 09/03/2006
IN THE COURT OF CRIMINAL APPEAL 2006/5135 (formerly 2007/1039)
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