NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hoswell v R [2006] NSWCCA 70
HEARING DATE(S): 8 March 2006
JUDGMENT DATE: 24 March 2006
JUDGMENT OF: Spigelman CJ at 1; Simpson J at 19; Barr J at 60
DECISION: (By majority) leave to appeal granted; appeal dismissed.
CATCHWORDS: application for leave to appeal against sentence - plea of guilty - whether plea of guilty taken into account - discount for utilitarian value of plea of guilty - break, enter and steal - prior criminal record - subjective circumstances - whether evidence of matters in mitigation was taken into account - remorse - prospect of rehabilitation - special circumstances - protective custody - accumulation of sentences - whether sentence manifestly excessive
Crimes Act 1900 s112(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s21A, s22, s44 Criminal Appeal Act 1912 s12(2)
R v Daley [2003] NSWCCA 109 CASES CITED: R v Hoswell [2000] NSWCCA 250 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Regina v Heikkinen [2006] NSWCCA 50
PARTIES: Clint Clement Hoswell - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2005/2227
COUNSEL: R Burgess - Applicant V Lydiard - Respondent
SOLICITORS: S O'Connor - Applicant S Kavanagh - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0316
LOWER COURT JUDICIAL OFFICER: Shadbolt DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/2227
SPIGELMAN CJ SIMPSON J BARR J
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