NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: D'Amico v Regina [2006] NSWCCA 316
HEARING DATE(S): 25 August 2006
JUDGMENT DATE: 10 October 2006
JUDGMENT OF: Grove J at 1; Kirby J at 31; Hislop J at 32
DECISION: APPEAL AGAINST SENTENCE ALLOWED; APPELLANT RESENTENCED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - SEXUAL OFFENCES - SENTENCE - CROWN WITHDRAWS INDICTMENT AND SUBSTITUTES ANOTHER - IMMEDIATE PLEAS OF GUILTY TO COUNTS IN NEW INDICTMENT - UTILITARIAN VALUE OF PLEAS - "DISCOUNT" OF 10 PERCENT INADEQUATE TO CIRCUMSTANCES - OTHER GROUNDS NOT SUSTAINED - NOT INVOLVING ANY SPECIAL POINT OF PRINCIPLE
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cameron v The Queen 2002 209 CLR 339 R v Dib [2003] NSWCCA 117 CASES CITED: R v Durocher-Yvon 2003 58 NSWLR 581 R v George [2004] NSWCCA 247 R v Thomson 2000 49 NSWLR 383
PARTIES: Phillip D'Amico v Regina
FILE NUMBER(S): CCA 2006/430
COUNSEL: P. Barrett (Crown) J. Hickleton (Applicant)
SOLICITORS: S. Kavanagh (DPP) Sten & Co (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3266
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
LOWER COURT DATE OF DECISION: 11 August 2005
LOWER COURT MEDIUM NEUTRAL CITATION: n/a
IN THE COURT OF CRIMINAL APPEAL 2006/430
GROVE J KIRBY J HISLOP J
10 October 2006 PHILLIP D'AMICO v REGINA Judgment
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