NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Lin v Regina [2006] NSWCCA 258
HEARING DATE(S): 21 August 2006
JUDGMENT DATE: 25 August 2006
JUDGMENT OF: Grove J at 1; Kirby J at 7; Hislop J at 8
DECISION: 1. Grant leave to appeal; 2. Allow the appeal; 3. Quash the sentence and in lieu thereof sentence the applicant to imprisonment for a non parole period of 3 years and 3 months to commence on 29 May 2003 and expire on 28 August 2006 and a balance of term of 2 years and 1 month to commence on 29 August 2006 and expire on 28 September 2008. The earliest date on which the applicant will be eligible for release to parole is 28 August 2006.
CATCHWORDS: Criminal law - Sentence - Non parole period - Parity - Relevance of bare percentage calculation of non parole period.
LEGISLATION CITED: Crimes Act 1900 - ss 86(2) and (3), 99(2)
Fidow v R [2004] NSWCCA 172 Lowe v The Queen (1984) 154 CLR 606 CASES CITED: Postiglione v The Queen (1996 – 1997) 189 CLR 295 R v Kelly (2005) 155 A Crim R 499 Sutton v R [2004] NSWCCA 225
PARTIES: Applicant - Yi Guo Lin Respondent - Regina
FILE NUMBER(S): CCA 2006/1152
COUNSEL: Applicant - Ms A. Francis Respondent - Mr W.G. Dawe QC
SOLICITORS: Applicant - Legal Aid Commission of New South Wales Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/1084
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
LOWER COURT DATE OF DECISION: 18 March 2005
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/1152
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