NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hudson v Regina [2007] NSWCCA 302 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 22 October 2007
JUDGMENT DATE: 5 November 2007
JUDGMENT OF: Mason P at 1; Hidden J at 2; Harrison J at 25
DECISION: Leave to appeal granted; appeal allowed. Sentences passed in the District Court quashed. Applicant sentenced on each count to imprisonment for five years, comprising a non-parole period of two-and-a-half years. Partial accumulation of the sentences leading to overall sentence of five years and nine months with an effective non-parole period of three years and three months. (see par [24])
CATCHWORDS: CRIMINAL LAW: - Application for leave to appeal against sentence - robbery while armed with a dangerous weapon (four counts) - same incident - disparity from sentences passed on co-offender
LEGISLATION CITED: Crimes Act 1900 s97(2) Crimes (Sentencing Procedure) Act 1999 s21A-subs (2)(g) and (3)(a)
R v Henry (1999) 46 NSWLR 346 Pearce v The Queen (1998) 194 CLR 610 CASES CITED: Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1996-7) 189 CLR 295 R v Kelly (2005) 155 A Crim R 499 R v Kollas & Mitchell [2002] NSWCCA 491
PARTIES: Imraaz Hudson (applicant) Regina (respondent)
FILE NUMBER(S): CCA 2006/5170
COUNSEL: H Dhanji (applicant) M Hobart SC (Crown)
SOLICITORS: Legal Aid Commission (applicant) Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
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