NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: TESTALAMUTA v R [2007] NSWCCA 258
HEARING DATE(S): 18 April 2007
JUDGMENT DATE: 4 September 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Rothman J at 44
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW: - Sentence - specially aggravated breaking and entering - maliciously inflicting grievous bodily harm with intent - attempt to intimidate witness in prosecution against applicant - applicant on bail at the time - whether sentence is manifestly excessive - assessment of objective gravity of offences - relationship of sentences to standard non-parole periods
LEGISLATION CITED: Crimes Act 1900
R v Amohanga & Rai (2005) 155 A Crim R 202 R v El-Andouri [2004] NSWCCA 178 R v Fidow [2004] NSWCCA 172 R v Duncan & Perre [2004] NSWCCA 431 R v Kirkland [2005] NSWCCA 130 CASES CITED: R v Bobak [2005] NSWCCA 320 Vragovic v R [2007] NSWCCA 46 R v Engert (1995) 84 A Crim R 67 R v Way (2004) 60 NSWLR 168 McArthur v R [2006] NSWCCA 200 Pearce v The Queen (1998) 194 CLR 610
PARTIES: Sammy TESTALAMUTA (applicant) REGINA (respondent)
FILE NUMBER(S): CCA 2006/5469 (formerly 2006/2814)
COUNSEL: Mr P Byrne SC (applicant) Ms V Lydiard (respondent)
SOLICITORS: G Goold (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/3200
LOWER COURT JUDICIAL OFFICER: Sides DCJ
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