NSW Caselaw
Reported Decision : 160 A Crim R 135
New South Wales Court of Criminal Appeal
CITATION: Dougan v Regina [2006] NSWCCA 34
HEARING DATE(S): 03/02/2006
JUDGMENT DATE: 6 March 2006
JUDGMENT OF: Giles JA at 1; Grove J at 2; Hoeben J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Sentence appeal - plea of guilty and assistance to authorities - assault with intent to rob whilst armed with a dangerous weapon - whether matters properly taken into account by sentencing judge under s21A of Crimes (Sentencing Procedure) Act 1999 or whether matters were elements of the offence - use to be made of offender's criminal record - whether sentence manifestly excessive.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Director of Public Prosecutions v Ottewell (1970) AC 642 at 650 Miller v Hrvojevic (1972) VR 305 R v Blair [2005] NSWCCA 78 R v Castles [2005] NSWCCA 79 R v Farrer (1983) 78 FLR 10 R v Henry (1999) 46 NSWLR 346 R v Ibrahimi [2005] NSWCCA 153 CASES CITED: R v Johnson [2004] NSWCCA 76 R v Johnstone [2004] NSWCCA 307 R v Prior (CCA, unreported, 7.10.1997) R v Street [2005] NSWCCA 139 R v Way (2004) 60 NSWLR at [106]-[107] R v Wickham [2004] NSWCCA 193 Veen v The Queen (No 2) (1998) 164 CLR 465 Wong and Leung v The Queen (2001) 207 CLR 584
PARTIES: Dee Dougan (previously Robert Wilkie Dougan) - Applicant Crown - Respondent
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