NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: WHITFIELD v REGINA [2006] NSWCCA 362
HEARING DATE(S): 30 June 2006
JUDGMENT DATE: 16 November 2006
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 2; Latham J at 17
DECISION: 1. Grant leave to appeal; 2. Allow the appeal; 3. Reduce the non-parole period to a period of two years and three months commencing 7 September 2004 and ending 6 December 2006.
CATCHWORDS: CRIMINAL LAW - APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE - possession of a firearm - without a licence or permit - unregistered - prohibited firearm - whether the sentencing judge erred in not considering special circumstances - alteration of statutory ration - on conditional liberty - subjective feature - tragic death of son - sixty years of age - whether psychologist's report considered - dysthymic depressive disorder - good prospects of rehabilitation - no similar prior convictions
LEGISLATION CITED: Firearms Act 1996 Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v Henry [2004] NSWCCA 306
PARTIES: Carole Whitfield (Appl) The Crown
FILE NUMBER(S): CCA 2006/551
COUNSEL: M Johnston (Appl) D C Frearson SC (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/31/0309
LOWER COURT JUDICIAL OFFICER: O'Connor DCJ
LOWER COURT DATE OF DECISION: 9 June 2005
IN THE COURT OF CRIMINAL APPEAL 2006/551
McCLELLAN CJ at CL ADAMS J LATHAM J
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