NSW Caselaw
Reported Decision: 177 A Crin R 498
New South Wales Court of Criminal Appeal
CITATION: Maxwell v R [2007] NSWCCA 304
HEARING DATE(S): 24/10/2007
JUDGMENT DATE: 30 October 2007
JUDGMENT OF: Handley AJA at 1; Howie J at 2; Price J at 33
DECISION: 1. The application for leave to appeal is granted and the appeal allowed. 2. The sentence imposed in the District Court is quashed. 3. In lieu the applicant is sentenced to a term of imprisonment comprised of a non-parole period of 2 years 6 months to date from 4 January 2006 and to expire on 3 July 2008. There is to be a balance of term of 1 year 6 months.
CATCHWORDS: Criminal Law - Sentencing - application of standard non-parole period after plea of guilty - whether used as starting point rather than reference point - relevance of criminal record - applicant resentenced.
LEGISLATION CITED: Crimes Act 1900 - ss 21A, 105A, 112(2)
R v Stambolis [2006] NSWCCA 56 R v AJP [2004] NSWCCA 434 R v McNaughton (2006) 66 NSWLR 566 CASES CITED: Mulato v R [2006] NSWCCA 282 R v Way (2004) 60 NSWLR 168 Reaburn v R [2007] NSWCCA 60 R v Sanagalang[2005] NSWCCA 171 Marshall v R [2007] NSWCCA 24
PARTIES: Dallas Aaron Maxwell v Regina
FILE NUMBER(S): CCA 2007/00003215
COUNSEL: M. Barr - Crown H. Cox - Applicant
SOLICITORS: S. Kavanagh - Crown S. O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/1059
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 13/12/2006
IN THE COURT OF CRIMINAL APPEAL 2007/00003215
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