NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MB v Regina [2007] NSWCCA 245
HEARING DATE(S): 4 May 2007
JUDGMENT DATE: 14 August 2007
JUDGMENT OF: Giles JA at 1; Hidden J at 2; Harrison J at 26
DECISION: Leave granted - appeal allowed - applicant re-sentenced as follows: For the offence of malicious wounding, a non-parole period of 18 months, commencing 6 January 2006 and expiring 5 July 2007, and a balance of term of 2 1/2 years, commencing 6 July 2007 and expiring on 6 January 2010; For the offence of aggravated car-jacking, a non-parole period of 3 years, commencing 6 January 2007 and expiring on 5 January 2010, and a balance of term of 2 years, commencing on 6 January 2010 and expiring on 5 January 2012.
CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - aggravated car-jacking and malicious wounding - applicant already serving sentence for earlier offence - young offender - troubled background but prospects of rehabilitation - special circumstances - totality
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987 Criminal Appeal Act 1912
CASES CITED: R v GDP (1991) 53 A Crim R 112
PARTIES: MB (applicant) Regina (respondent)
FILE NUMBER(S): CCA 425/2007
COUNSEL: A Haesler SC (applicant) P Ingram (respondent)
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/41/0203 (car-jacking) 05/41/0198 (malicious wounding)
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