NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DGM v REGINA [2006] NSWCCA 296 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 April 2006
JUDGMENT DATE: 15 September 2006
JUDGMENT OF: McColl JA at 1; Adams J at 2; Latham J at 45
DECISION: 1. Leave to appeal granted; 2. Appeal allowed; 3. Sentence imposed on 19 November 2004 quashed and in lieu thereof the applicant sentenced to a non-parole period of four years six months imprisonment to date from 9 June 2004, expiring 8 December 2008, with the balance of the term being 18 months, expiring 8 June 2010.
CATCHWORDS: Sentence appeal - parity - effect of totality reduction on sentence of co-offender
LEGISLATION CITED: Crimes Act 1900 ss 97(2), 195B, 558 Crimes (Sentencing Procedure) Act 1995
Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 R v Boney [2001] NSWCCA 432 CASES CITED: R v Chen & Others [2002] NSWCCA 174; (2002) 130 A Crim R 300 R v Diamond NSWCCA 18 February 1993 R v Kelly [2005] NSWCCA 280 R v Reardon (1996) 89 A Crim R 180 R v Steele NSWCCA 17 April 1997
PARTIES: DGM (Applicant) v REGINA (Respondent Crown)
FILE NUMBER(S): CCA 2005/2354
COUNSEL: Ms J Dwyer (Respondent Crown) Mr P Boulton SC (Applicant)
SOLICITORS: S Kavanagh (Respondent Crown) S O'Connor (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 01/11/0900
LOWER COURT JUDICIAL OFFICER: Karpin DCJ
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