NSW Caselaw
Reported Decision: 169 A CRIM R 337
New South Wales Court of Criminal Appeal
CITATION: Reaburn v R [2007] NSWCCA 60
HEARING DATE(S): 01/03/2007
JUDGMENT DATE: 16 March 2007
JUDGMENT OF: Sully J at 1; Bell J at 2; Hoeben J at 3
DECISION: Leave to appeal against sentence granted. Appeal allowed and sentences passed by Nield DCJ on 26.4.2006 quashed. Applicant re-sentenced.
CATCHWORDS: Sentence appeal - use of standard non-parole period when plea of guilty - error in using standard non-parole period as start point for calculation of sentence - failure to apply discount for early plea of guilty - meaning of "part of a planned or organised criminal activity" in s21A(2)(n) Crimes (Sentencing Procedure) Act 1999.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Avondale Motors (Parts) Pty Limited v FCT (1971) 45 ALJR 280 at 283 Elyard v R [2006] NSWCCA 43 Fahs v R [2007] NSWCCA 26 Mulato v Regina [2006] NSWCCA 282 R v Davies [2004] NSWCCA 319 at [6] CASES CITED: R v Engert (1995) 84 A Crim R 67 at 71 R v Hung Lo [2005] NSWCCA 436 R v Sangalang [2005] NSWCCA 171 R v Simpson (2001) 53 NSWLR 704 R v Way (2004) 60 NSWLR 168 R v Wickham [2004] NSWCCA 193 Vu v R [2006] NSWCCA at 188 at [52]
PARTIES: Vance Matthew Reaburn - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/2594
COUNSEL: AP Cook - Applicant R Herps - Crown
SOLICITORS: SE O'Connor, Solicitor for Legal Aid Commission - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent
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