NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Joel TORY; R v Luke TORY [2006] NSWCCA 18 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 7 February 2006
JUDGMENT DATE: 16 February 2006
JUDGMENT OF: Hunt AJA at 1; Adams J at 5; Latham J at 40
DECISION: Orders made in the District Court quashed; New sentences as follows - Luke Tory: sentenced to a non-parole period of 7 months' imprisonment and balance of term of 7 months; Joel Tory: sentenced to a non-parole period of 4 months' imprisonment and a balance of term of 6 months; Sentences suspended
CATCHWORDS: Sentence - Crown appeal - home invasion - relevance of motives - significance of positive good character - objective seriousness - relevance of standard non-parole period
LEGISLATION CITED: Crimes Act 1900 s 105A Crimes (Sentencing Procedure) Act 1999 ss 12, 21A, 54B
Pellew v The Queen [2004] NSWCCA 434; 150 A Crim R 575 R v Davis [2004] NSWCCA 319 CASES CITED: R v Elmir & Anor [2003] NSWCCA 192 R v Thomson & Houlton (2000) 115 ACrimR 104 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131
Regina
PARTIES: v
Joel Clayton TORY; Luke Albert TORY
FILE NUMBER(S): CCA 2005/1700; 2005/1708
COUNSEL: G Rowling - Crown R Webb - Respondents
SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions KQ Lawyers - Respondents
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/41/0063
LOWER COURT JUDICIAL OFFICER: Phelan DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1700 2005/1708
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