NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Murphy v Regina [2007] NSWCCA 18
HEARING DATE(S): 24 January 2007
JUDGMENT DATE: 9 February 2007
JUDGMENT OF: Beazley JA at 1; Buddin J at 2; Hislop J at 3
DECISION: 1. Grant leave to appeal; 2. Confirm the sentences save as to the non parole period; 3. Quash the non parole period and substitute for it a non parole period of 2 years to date from 14 July 2005 and expire on 13 July 2007.
CATCHWORDS: Criminal Law - Commonwealth Offences - Sentences not manifestly excessive - Non-parole period exceeding normal ratio - Absence of reasons
LEGISLATION CITED: Crimes Act 1914 (Cth) - s 19AB(1) Criminal Code Act (Cth) - s 135(1)
R v Bugeja [2001] NSWCCA 196 R v Bernier (1998) 102 A Crim R 44 CASES CITED: R v Campos (1999) NSWCCA 339 R v Lian (1990) 47 A Crim R 444 at 449 R v Moore (2005) NSWCCA 212 R v Stitt (1998) 102 A Crim R 428
PARTIES: Applicant - Kelly Ann Murphy Respondent - Regina
FILE NUMBER(S): CCA 2006/1232
COUNSEL: Applicant - Mr J. Barnett Respondent - Mr L. Crowley
SOLICITORS: Applicant - John W Ward Respondent - The Commonwealth Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0244
LOWER COURT JUDICIAL OFFICER: Nicholson DCJ
LOWER COURT DATE OF DECISION: 14 July 2005
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/1232
BEAZLEY JA BUDDIN J HISLOP J
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