NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Gonzalez v R [2006] NSWCCA 4
HEARING DATE(S): 19/01/2006
JUDGMENT DATE: 19 January 2006
JUDGMENT OF: Basten JA at 32; Howie J at 1; Hall J at 37
EX TEMPORE JUDGMENT DATE: 01/19/2006
DECISION: Application for leave to appeal granted but only to amend the sentencing orders. Appeal is allowed and the sentence quashed. On each count there is to be a non-parole period of 15 months to commence on 14 February 2005 and to expire on 13 May 2006 the date upon which the applicant is to be released to parole. There is to be a balance of term of 15 months to commence on 14 May 2006.
CATCHWORDS: Criminal Law - Aggravated driving causing gbh - concurrent sentences erroneous - sentence not manifestly excessive - Appeal - fresh material - need for counsel to address purpose and usefulness of the material tendered.
LEGISLATION CITED: Crimes Act 1900 - s 52A(4) Crimes (Sentencing Procedure) Act 1999 - s 44
R v Cramp [2004] NSWCCA 164 Itaoui v R [2005] NSWCCA 415 R v Whyte (2002) 55 NSWLR 252 R v Errington [2005] NSWCCA 348 R v Tzanis [2005] NSWCCA 274 CASES CITED: Application by the Attorney General No. 3 of 2002 (2004) 61 NSWLR 305 R v Takai [2004] NSWCCA 392 R v Dutton [2005] NSWCCA 248 R v McMillan [2005] NSWCCA 28 R v Janceski [2005] NSWCCA 288 R v Fordham (2 December 1997)
PARTIES: Paul Kevin Gonzalez v Regina
FILE NUMBER(S): CCA 2005/1849
COUNSEL: J. Girdham - Crown A. Bellanto QC - Applicant
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