NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dunn v Regina [2007] NSWCCA 312 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 01/11/2007
JUDGMENT DATE: 13 November 2007
JUDGMENT OF: Handley AJA at 1; Hoeben J at 2; Smart AJ at 43
DECISION: Leave to appeal against sentence granted; Dismiss the appeal against sentence on Count 2 (malicious damage by fire on 29 August 2005); Allow the appeal against sentence on Count 3 (maliciously destroy by fire on 3 October 2005); Sentence passed in respect of Count 3 quashed; In lieu thereof the applicant is sentenced to a term of imprisonment with a non-parole period of 4 years and 2 months commencing on 14 April 2007 and expiring on 13 June 2011 with a balance of term of 1 year and 10 months expiring on 13 April 2013
CATCHWORDS: Sentence - application of s21A(2)(h) of Crimes (Sentencing Procedure) Act 1999 - did it apply to false belief that victim was a paedophile - effect of accumulation of sentences to provide a non-parole period greater than 75% of the total sentence - whether Court should intervene.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
PARTIES: Darren Brian Dunn - Applicant Regina - Respondent Crown
FILE NUMBER(S): CCA 2007/00003326001
COUNSEL: Mr P Byrne SC - Applicant Mr G Rowling - Respondent Crown
SOLICITORS: SE O'Connor, Legal Aid Commission - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0039
LOWER COURT JUDICIAL OFFICER: Marien DCJ
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