NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v HARE [2007] NSWCCA 303
HEARING DATE(S): 24 September 2007
JUDGMENT DATE: 25 October 2007
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 33; Harrison J at 34
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – s5D appeal against sentence – obtaining a financial benefit by deception – share trading scheme – fraudulent representations made to induce victims to invest money – matter re-listed for magistrate to put into effect the finding of special circumstances – evidence of respondent's son's negative reaction to respondent being in custody – whether sentence manifestly inadequate
Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Hawkins (1989) 45 A Crim R 438 MD, BM, NA, JT [2005] NSWCCA 342; 156 A Crim R 372 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Pont (2000) 121 A Crim R 302 R v Burrell [2007] NSWCCA 79) R v Hernando [2002] NSWCCA 489
PARTIES: The Crown (Appl) Gregory Jordy Hare (Resp)
FILE NUMBER(S): CCA 2007/3220
COUNSEL: G Rowling (Crown/Appl) H Dhanji (Resp)
SOLICITORS: Director of Public Prosecutions (Appl) Legal Aid Commission of NSW (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/1029
LOWER COURT JUDICIAL OFFICER: Flannery DCJ
LOWER COURT DATE OF DECISION: 30 March 2007 14 May 2007
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