NSW Caselaw
Reported Decision: 171 A Crim R 575
New South Wales Court of Criminal Appeal
CITATION: Warby v Regina [2007] NSWCCA 173
HEARING DATE(S): 24 May 2007
JUDGMENT DATE: 21 June 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Smart AJ at 33
DECISION: (1) Leave to appeal granted; (2) Appeal upheld; (3) The sentence is quashed and in lieu thereof the applicant is sentenced to imprisonment for a non parole period of 12 months commencing on 18 August 2006 and expiring on 17 August 2007 with a balance of term of 4 months commencing on 18 August 2007. The Court directs the release of the applicant on parole at the end of the parole period on 17 August 2007.
CATCHWORDS: Criminal law - Sentencing - Influencing witness - Circumstances of aggravation - Available maximum sentence.
LEGISLATION CITED: Crimes Act 1900 - ss 4(1), 117, 323, 324, 327, 328 Criminal Procedure Act 1986 - s 260
Kingswell v The Queen (1985) 159 CLR 264 CASES CITED: MacKenzie v The Queen (1996) 190 CLR 348 R v Lee (1994) 76 A Crim R 271
PARTIES: Applicant - Kevin William Warby Respondent - Regina
FILE NUMBER(S): CCA 2007/585
COUNSEL: Applicant - Mr A. Cook Respondent - Ms J. Dwyer
SOLICITORS: Applicant - Legal Aid Commission of New South Wales Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/31/0392
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
LOWER COURT DATE OF DECISION: 18 August 2006
- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/585
McCLELLAN CJ at CL HISLOP J SMART AJ
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