NSW Caselaw
Reported Decision: 171 A Crim R 560
New South Wales Court of Criminal Appeal
CITATION: Ersman v Regina [2007] NSWCCA 161
HEARING DATE(S): 22 May 2007
JUDGMENT DATE: 19 June 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Smart AJ at 3
DECISION: Sentence below quashed. Applicant re-sentenced. See para 84.
CATCHWORDS: Criminal Law - Sentencing - Armed robbery with offensive weapon - serious offence but offender very limited in skills and with poor judgment - long standing deficiencies - sentence manifestly excessive - parity - co-offenders sentenced in Children's Court to inadequate sentences - lack of due proportion and relativity in sentences
LEGISLATION CITED: Crimes Act 1900 Children (Criminal Proceedings) Act
Broad unrep. NSWCCA 13/3/84 R v Henry (1999) 46 NSWLR Lowe v The Queen (1984) 154 CLR CASES CITED: Postiglione v The Queen (1997) 189 CLR R v Boney [2001] NSWCCA 432 R v Coghlan [1999] NSWCCA 292 R v Diamond NSWCCA 18/2/1993 R v Govinden 106 A Crim R
PARTIES: John Ersman v Regina
FILE NUMBER(S): CCA 2007/612
COUNSEL: (A) R Burgess (C) D Woodburn
SOLICITORS: (A) S O'Connor (LAC) (C) S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/3072
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
LOWER COURT DATE OF DECISION: 22/09/06
IN THE COURT OF CRIMINAL APPEAL
2007/612
McCLELLAN CJ at CL HISLOP J SMART AJ
Tuesday, 19 June 2007
John ERSMAN v Regina
JUDGMENT
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