NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MARCHANT v. REGINA; CRAWT v. REGINA [2006] NSWCCA 120 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): Monday 15 August 2005
JUDGMENT DATE: 19 April 2006
JUDGMENT OF: Hulme J at 1; Hidden J at 81; Hall J at 92
DECISION: In the case of Marchant's application for leave to appeal - (1) Grant leave to appeal; (2) Dismiss the appeal; In the case of Crawt's application for leave to appeal - (1) Grant leave to appeal; (2) Quash the sentence imposed by Greg James J on 23 October 2003; (3) In lieu thereof, sentence Crawt to imprisonment for a non-parole period of 24 years commencing on 10 August 2002, with a balance of term of six years.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Offer [2000] NSWSC 839 Naismith [2000] NSWSC 1024 Brewer [2001] NSWSC 99 Hyland & Ors [2001] NSWSC 470 Yates & Ors [2002] NSWCCA 520 Fernando [2001] NSWSC 294 CASES CITED: Kalache [2002] NSWSC 507 Penisini & Ors [2003] NSWSC 892; [2004] NSWCCA 339 Morgan (1993) 70 A. Crim. R. 368 Lowe (1984) 154 CLR 606 Veen (No. 2) (1987-88) 164 CLR 465 Attorney General's Application under s.37 of the Crimes (Sentencing Procedure) Act 1999 [2002] NSWCCA 518 Doan (2000) 50 NSWLR 115
PARTIES: MARCHANT, Leith v. REGINA CRAWT, John William v. REGINA
FILE NUMBER(S): CCA 2004/2865; 2004/3276
Crawt: Ms. C. Davenport, SC. COUNSEL: Marchant: Mr. R. Button, SC. Crown: Mr. D. Frearson, SC
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