NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v COOKE; COOKE v R [2007] NSWCCA 184
HEARING DATE(S): 30 May 2007
JUDGMENT DATE: 9 July 2007
JUDGMENT OF: Tobias JA; Latham J; Fullerton J
DECISION: 1. Crown appeal against inadequacy of sentence dismissed ; 2. Leave to appeal against the order of Mahoney DCJ revoking the bonds and the imposition of periodic detention is granted; appeal dismissed.
CATCHWORDS: CRIMINAL LAW - Sentencing - Appeal against sentence - Revocation of good behaviour bonds - Imposition of periodic detention - Whether breach trivial - Suspended sentence and periodic detention - General and specific deterrence
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
DPP v Burrow & Anor [2004] NSWSC 433 DPP v Cooke & Anor [2007] NSWCA 2 CASES CITED: R v Hallocoglu (1992) 63 A Crim R 287 R v JRD [2007] NSWCCA 55 R v Marston (1993) 60 SASR 320
PARTIES: The Crown Glen Cooke (Appl/Resp)
FILE NUMBER(S): CCA 2006/2525; 2007/1294
COUNSEL: D Arnott SC (Crown) A Francis
SOLICITORS: Director of Public Prosecutions (Crown) Legal Aid Commission
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/3111
LOWER COURT JUDICIAL OFFICER: Mahoney DCJ
IN THE COURT OF CRIMINAL APPEAL 2006/2525 2007/1294
TOBIAS JA LATHAM J FULLERTON J
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