NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Barta v Regina [2006] NSWCCA 6
HEARING DATE(S): 23/01/2006
JUDGMENT DATE: 3 February 2006
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 5; Latham J at 36
DECISION: Extension of time to seek leave to appeal granted, leave to appeal granted, the appeal is dismissed.
CATCHWORDS: Criminal Law - Sentence - taking matters into account - whether quantifying the increase in sentence an error of discretion - non-parole period more than 75% of total sentence - parity.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - s 25(2) Crimes (Sentencing Procedure) Act 1999 - ss 23(3), 44
Liu v R [2005] NSWCCA 450 Attorney General's Application (No. 1 of 2002) (2002) 56 NSWLR 146 R v GDR (1994) 35 NSWLR 376 Markarian v The Queen (2005) 79 ALJR 1048 R v Markarian [2005] NSWCCA 264 CASES CITED: R v Caccamo [2005] NSWCCA 257 R v Araya [2005] NSWCCA 28 R v Singh [2001] NSWCCA 424 R v Diamond (NSWCCA, unreported, 19 February 1993) R v LLM [2005] NSWCCA 302 R v Hodges (1997) 95 A Crim R 85
PARTIES: Stefan Barta v Regina
FILE NUMBER(S): CCA 2005/1847
COUNSEL: G. Rowling - Crown P. Byrne SC - Applicant
SOLICITORS: S. Kavanagh - Crown M. Croke - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/11/0412
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1847
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