NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Thomas [2007] NSWCCA 269
HEARING DATE(S): 30 August 2007
JUDGMENT DATE: 15 November 2007
JUDGMENT OF: Basten JA at 1; Latham J at 59; Rothman J at 60
(1) Allow the appeal and set aside the sentences imposed by Nicholson DCJ on 30 March 2007.
(2) In relation to the robbery with wounding committed on 2 March 2005: (a) set a non-parole period of two years commencing on 30 March 2007 and expiring on 29 March 2009; DECISION: (b) fix a balance of the term in a period of two years commencing on 30 March 2009 and terminating on 29 March 2011.
(3) In relation to the robbery in company committed on 12 April 2005: (a) set a non-parole period of two years to commence on 30 March 2008 and to terminate on 29 March 2010; (b) fix a balance of the term of two years to commence on 30 March 2010 and to terminate on 29 March 2012.
CATCHWORDS: CRIMINAL LAW – Crown Appeal – Sentencing – Misapplication of guideline judgment – Aggravated robbery – Discount for plea – Remorse – Special circumstances – Manifest Inadequacy – Appeal allowed – Defendant re-sentenced.
Crimes Act 1900 (NSW) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Wong v The Queen (2001) 207 CLR 584
Dinsdale v The Queen (2000) 202 CLR 321 Johnson v The Queen (2004) 78 ALJR 616 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Prasad (2004) 147 A Crim R 385 R v Slack [2004] NSWCCA 128 R v Tran [2004] NSWCCA 6 R v Wall [2002] NSWCCA 42 Regina v Cox [2004] NSWCCA 413
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