NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Matthews [2007] NSWCCA 294 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 18 September 2007
JUDGMENT DATE: 18 October 2007
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Bergin J at 3
DECISION: The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - Crown appeal on sentencing - Whether sentence manifestly inadequate - Periodic detention - Whether Court should intervene
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
Mirza v R [2007] NSWCCA 248 Mulato v R [2006] NSWCCA 282 Pearce v The Queen (1994) 194 CLR 610 R v Barker; R v Gibson [2006] NSWCCA 20 CASES CITED: R v Dang [2005] NSWCCA 430 R v Fernando [2002] NSWCCA 28 R v Henry (1999) 46 NSWLR 346 R v Hernando (2002) 136 A Crim R 451 R v Way (2004) 60 NSWLR 168
PARTIES: Regina - appellant Michael James Matthews - respondent
FILE NUMBER(S): CCA 2007/3284
COUNSEL: N Adams - appellant P Strickland SC - respondent
SOLICITORS: S Kavanagh, solicitor for DPP - appellant C Ridge, solicitor for Legal Aid Commission of NSW - respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0334
LOWER COURT JUDICIAL OFFICER: Flannery DCJ
LOWER COURT DATE OF DECISION: 8 June 2007
- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/3284
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