NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Sternbeck v Regina [2006] NSWCCA 132
HEARING DATE(S): 21/04/2006
JUDGMENT DATE: 18 May 2006
JUDGMENT OF: Hodgson JA at 1; James J at 2; Hoeben J at 3
DECISION: Leave to appeal granted.; Appeal dismissed.
CATCHWORDS: Criminal law - sentence appeal - whether sentences manifestly excessive - no challenge to individual sentences but challenge to overall terms in breach of principle of totality - full review of facts and law by sentencing judge - sentences not shown to be outside proper sentencing discretion.
LEGISLATION CITED: Crimes Act 1900
CASES CITED: Attorney-General's application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 56 NSWLR 146 at [40-42] R v Way (2004) 16 NSWLR 168 at [106-107]
PARTIES: Gary John Sternbeck - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2005/2429
COUNSEL: Ms A Francis - Applicant Mr G Rowling -Crown
SOLICITORS: SE O'Connor, Legal Aid Commission of NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/31/0435
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/2429
HODGSON JA JAMES J HOEBEN J
Thursday, 18 May, 2006 Gary John STERNBECK v REGINA Judgment
1 HODGSON JA: I agree with Hoeben J.
2 JAMES J: I agree with Hoeben J.
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