NSW Caselaw
Reported Decision: 176 A Crim R 466
New South Wales Court of Criminal Appeal
CITATION: MATHESON, Scott Paul v. REGINA [2007] NSWCCA 285
HEARING DATE(S): 4 October 2007 JUDGMENT OF: Hodgson JA at 1; Hislop J at 23; Latham J at 24
EX TEMPORE JUDGMENT DATE: 4 October 2007
DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW- Appeal - Application for leave to appeal against sentence - Lack of reasons for not setting non-parole period - Cumulation of sentences - Relevance of intention with which offence committed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, ss.21A, 45
R v Hammoud [2000] NSWCCA 540 R v Heikkinen [2006] NSWCCA 50 CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309, 49 NSWLR 383 R v Wilson [2005] NSWCCA 219 The Queen v De Simoni (1981) 147 CLR 383
PARTIES: Scott Paul Matheson - applicant Regina - opponent
FILE NUMBER(S): CCA 2007/3221
COUNSEL: Mr. G.D. Wendler for applicant Mr. M. Barr for opponent
SOLICITORS: Van Houten Law, Parramatta for applicant S. Kavanagh, Solicitor for DPP for opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/31/0290
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 19 January 2007
IN THE COURT OF CRIMINAL APPEAL CCAP 2007/3221
HODGSON JA HISLOP J LATHAM J
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