NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Henry [2007] NSWCCA 90
HEARING DATE(S): 28/03/2007
JUDGMENT DATE: 2 April 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Hislop J at 42
DECISION: The Crown appeal is allowed and the sentence imposed by Judge Ashford for the offence of armed robbery with wounding is quashed. In lieu the respondent is sentenced to a non-parole period of 4 years 6 months with a balance of term of 2 years 3 months to date from 22 August 2005. The respondent is eligible to be released to parole on 21 February 2010.
CATCHWORDS: Criminal Law - Sentencing - Crown appeal - robbery with wounding - mentally disordered offender - relationship of Henry guideline with standard non-parole - relevance of mental illness - whether sentence manifestly inadequate.
Crimes Act 1900 - ss 97, 98 LEGISLATION CITED: Criminal Procedure Act 1987 - s 166 Crimes (Sentencing Procedure) Act 1999 - ss 21A(3)(j), 54B(4), 58
R v Henry (1999) 46 NSWLR 346 Marshall v R [2007] NSWCCA 24 CASES CITED: Callaghan v R [2006] NSWCCA 58 R v Wall [2002] NSWCCA 42 R v Engert (1995) 84 A Crim R 67 R v Israil [2002] NSWCCA 255
PARTIES: Regina v Dean Thomas Henry
FILE NUMBER(S): CCA 2006/2808
COUNSEL: J. Dwyer - Crown H. Dhanji - Respondent
SOLICITORS: S. Kavanagh - Crown S. O'Connor - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/3093
LOWER COURT JUDICIAL OFFICER: Ashford DCJ
LOWER COURT DATE OF DECISION: 17/11/2006
IN THE COURT OF CRIMINAL APPEAL 2006/2808
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