NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Logan [2006] NSWCCA 416
HEARING DATE(S): 20/11/2006
JUDGMENT DATE: 21 December 2006
JUDGMENT OF: James J at 1; Hidden J at 2; Hislop J at 29
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW: - Crown appeal - possession of pistol, break and enter with intent to commit serious indictable offence - two years imprisonment suspended, 300 hours community service - approach to standard non-parole period on firearm charge - whether sentence is manifestly inadequate - exceptional case
Firearms Act 1996 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
R v Dang [2005] NSWCCA 430 CASES CITED: R v Way (2004) 60 NSWLR 168 R v Engert (1995) 84 A Crim R 67 The Queen v Osenkowski (1982) 30 SASR 212
PARTIES: Regina (applicant) Jay Logan (respondent)
FILE NUMBER(S): CCA 2006/1957
COUNSEL: W Dawe SC (Crown) B Collaery (respondent)
SOLICITORS: Solicitor for Public Prosecutions (applicant) Collaery Lawyers (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/41/0093
LOWER COURT JUDICIAL OFFICER: Williams DCJ
IN THE COURT OF CRIMINAL APPEAL 2006/1957
James J Hidden J Hislop J
Thursday 21 December 2006 Regina v Jay LOGAN Judgment 1 JAMES J: I agree with Hidden J. 2 HIDDEN J: This is an appeal by the Director of Public Prosecutions against sentences imposed in the District Court upon the respondent, Jay Logan, after he pleaded guilty to the following charges:
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