NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: D A C v Regina [2006] NSWCCA 265
HEARING DATE(S): 09/08/2006
JUDGMENT DATE: 30 August 2006
JUDGMENT OF: Tobias JA at 1; Howie J at 2; Rothman J at 25
DECISION: Application for leave to appeal granted. The appeal is allowed in so far as the non-parole period specified in relation to the fourth count is concerned. The non-parole period specified is quashed and in lieu a non-parole period is fixed of four years imprisonment to expire on 30 May 2009, the date upon which the applicant is eligible to be released to parole. The Court directs that the applicant serve his sentence prior to release to parole as a juvenile offender.
CATCHWORDS: Criminal Law - Sentencing - Judge incorrectly applies standard non-parole period - application of s 19 of Children (Criminal Proceedings) Act.
Crimes Act 1900 - ss 61J, 61P, 95, 105A LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 54D, Div 1A Children (Criminal Proceedings) Act 1987 - s 3, 19
R v Way (2004) 60 NSWLR 168 R v Hammoud (2000) 118 A Crim R 66 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 R v AEM [2002] NSWCCA 58 R v Gorman [2002] NSWCCA 516 R v AN [2005] NSWCCA 329
PARTIES: D A C v Regina
FILE NUMBER(S): CCA 2006/871
COUNSEL: D. Woodburne - Crown A. Haesler SC - Applicant
SOLICITORS: S. Kavanagh - Crown S. O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/61/0214
LOWER COURT JUDICIAL OFFICER: Woods DCJ
LOWER COURT DATE OF DECISION: 01/08/2005
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