NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Steven James Aslett v Regina [2006] NSWCCA 48
HEARING DATE(S): 20 February 2006
JUDGMENT DATE: 24 March 2006
JUDGMENT OF: Spigelman CJ at 1; Barr J at 2; Howie J at 21
DECISION: 1. Grant leave to appeal and allow the appeal 2. Quash the sentences appealed against and substitute the following - Count 1: a non-parole period of five years commencing on 28 July 2003 and expiring on 27 July 2008 and a balance of term of four years; Count 2: a non-parole period of ten years commencing on 28 July 2005 and expiring on 27 July 2015 and a balance of term of four years; Count 3: a non-parole period of nine years commencing on 28 July 2007 and expiring on 27 July 2016 and a balance of term of five years; and Count 4: a non-parole period of seven years commencing on 28 July 2009 and expiring on 27 July 2016 and a balance of term of seven years.
CATCHWORDS: Criminal law - sentencing - armed robbery in circumstances of special aggravation - aggravated sexual intercourse without consent in company - whether sentencing judge erred in regarding particular features as aggravating criminality - whether sentencing judge erred in findings of fact - parity - whether sentences manifestly excessive
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Tadrosse [2005] NSWCCA 145 CASES CITED: R v Street [2005] NSWCCA 139 Markarian v The Queen (2005) 215 ALR 213
PARTIES: Steven James Aslett, Regina
FILE NUMBER(S): CCA 2005/1566
COUNSEL: D Arnott SC H Cox
SOLICITORS: S Kavanagh Steve O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0071
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