NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v J.R.B [2006] NSWCCA 371
HEARING DATE(S): 2006/2227
JUDGMENT DATE: 29 November 2006
JUDGMENT OF: James J at 1; Hidden J at 56; Hislop J at 57
DECISION: Leave to appeal granted - sentence quashed; In lieu thereof set a non-parole period of fifteen months, commencing on 14 September 2006 and expiring on 13 December 2007, with a balance of term of one year nine months commencing on 14 December 2007 and expiring on 13 September 2009; The respondent to be released on parole on 13 December 2007.
CATCHWORDS: Criminal Law: Sexual intercourse without consent - prisoners being denied access to medical treatment. - Whether too much weight was given to the sentencing judges previous experience
Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995
R v Crisologo (1997) 99 A Crim R 178 R v Hartikainen (unreported Court of Criminal Appeal 8 June 1993) CASES CITED: R v May [1999] NSWCCA 40 R v Wall [2002] NSWCCA 42 Weininger v The Queen (2003) 77 ALJR 872
PARTIES: Regina v J.R.B
FILE NUMBER(S): CCA 2006/2227 CCAP
COUNSEL: W Dawe QC - Crown SJ Odgers SC - Respondent
SOLICITORS: Solicitor for Public Prosecutions - Crown -
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/41/0274
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
LOWER COURT DATE OF DECISION: 14/09/06
IN THE COURT OF CRIMINAL APPEAL 2006/2227
JAMES J HIDDEN J HISLOP J
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