NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rich v Regina [2007] NSWCCA 193
HEARING DATE(S): 25 June 2007
JUDGMENT DATE: 5 July 2007
JUDGMENT OF: Giles JA at 1; James J at 39; Hislop J at 40
DECISION: Leave to appeal against sentence granted. Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - break enter and steal and other charges - whether errors in sentencing concerning planned or organised criminal activity, regard to fact offender had children and treatment of offences on a Form 1 - no errors - whether sentences manifestly excessive - not lenient but within range open to judge.
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; Fahs v R [2007] NSWCCA 26; R v Argent [2004] NSWCCA 270; R v Danaca [2005] NSWCCA 45; R v Edwards (1996) 90 A Crim R 510; CASES CITED: R v Girard [2004] NSWCCA 170; R v Lay [2006] NSWCCA 45; R v Muir [1999] NSWCCA 71; R v Tarpey [2001] NSWCCA 300; R v X [2004] NSWCCA 93; Re Attorney General's Application (No 1) of the Criminal Procedure Act, R v Ponfield (1999) 48 NSWLR 327.
PARTIES: Lynda Ann Rich - Applicant The Crown - Resppondent
FILE NUMBER(S): CCA 2007/1037
COUNSEL: J Stratton - Applicant R A Herps - Respondent
SOLICITORS: S O'Connor - Legal Aid Commission S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/0052
LOWER COURT JUDICIAL OFFICER: Bennett DCJ
LOWER COURT DATE OF DECISION: 31 October 2006 (Sentence)
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