NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Watts v Regina [2007] NSWCCA 153
HEARING DATE(S): 4 May 2007
JUDGMENT DATE: 14 June 2007
JUDGMENT OF: Giles JA at 1; Hidden J at 10; Harrison J at 11
DECISION: 1. Extend the time to apply for leave to appeal to 16 February 2007; 2. Quash the sentence imposed for the offence in Count 2 on the indictment and in lieu thereof sentence the applicant to imprisonment for a non-parole period of 3 years and a total term of 5 years to commence on 8 January 2007; the applicant is eligible for release on parole on 7 January 2010.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal and leave to extend time to appeal - appeal against sentence - 11 offences of break enter and steal, three offences of break and enter with intent to steal - guilty plea to all offences - whether overall sentence manifestly excessive taking into account applicant's age and subjective circumstances
Crimes Act 1900 - ss 112(1), 113(1), 195 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 33 Criminal Appeal Act 1912 - s 6(3)
In the matter of the Attorney General's application (No 1) under s 26 of the Criminal Appeal Act; R v Ponfield; R v Scott; R v Ryan; R v Johnson [1999] NSWCCA 435 R v Danuca [2005] NSWCCA 45 CASES CITED: R v Johnson [1999] NSWCCA 431 R v Lay [2006] NSWCCA 45 R v Simpson (2001) 53 NSWLR 704
PARTIES: Aubrey Watts (Applicant) Crown (Respondent)
FILE NUMBER(S): CCA 2007/486
COUNSEL: H Dhanji (Applicant) P Ingram (Crown)
SOLICITORS: S O'Connor ,Solicitor for Legal Aid Commission of New South Wales, (Applicant) S Kavanagh (Solicitor for Public Prosecutions)
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