NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: ROBERTS v REGINA [2007] NSWCCA 112 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 28/11/06
JUDGMENT DATE: 20 April 2007
JUDGMENT OF: Barr J at 1; Adams J at 31; Rothman J at 32
DECISION: (a) Leave to appeal is granted and the appeal is granted in part; (b) The sentence imposed on the applicant by his Honour Judge Hulme SC on 10 February 2006 for the offences of aggravated (being in company) detain for advantage (2 counts) be quashed and in lieu thereof the following sentences be imposed: (i) In respect of each of the offences of aggravated detain for advantage the applicant, Brendan John Roberts, be sentenced to imprisonment for a non-parole period of two years and eleven months that will commence on 15 December 2005 and expire on 14 November 2008 with a remainder of sentence of a further two years and ten months to expire on 14 September 2011; (ii) The applicant will first be eligible for parole on 15 November 2008.
CATCHWORDS: CRIMINAL LAW – APPEAL – error in calculation in special circumstances – parity in sentencing – justifiable sense of grievance – impact of hardship on third party only exceptionally a factor in reducing sentence but may be special circumstances.
LEGISLATION CITED: Crimes Act 1900 (NSW)
Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 CASES CITED: R v Douglass [2001] NSWCCA 250 R v Edwards (1996) 90 A Crim R 501 R v Wirth (1976) 14 SASR 291
PARTIES: Brendan John ROBERTS (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/2121
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