NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GRAY v R [2007] NSWCCA 366 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24 September 2007
JUDGMENT DATE: 21 December 2007
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 2; Harrison J at 37
DECISION: 1. In respect of the sentence on the first charge the appeal is dismissed.; 2. In respect of the sentence on the second charge the appeal is allowed, the sentence imposed is quashed; in lieu thereof the appellant is sentenced to a fixed term of three years commencing 12 July 2007 and expiring 11 July 2010.; 3. In respect of the third charge the appeal is allowed and the sentence is quashed; in lieu thereof the appellant is sentenced to an overall term of five years and six months commencing 12 July 2010 and ending 11 January 2016 with a non-parole period commencing 12 July 2010 and expiring 11 July 2012. The appellant is to be released on parole on 11 July 2012.
CATCHWORDS: Sentence appeal - robbery - excessive use of force but no injury - accumulation of sentences - utilitarian discount - need to ensure reflected in overall sentence
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 ss12, 44
CASES CITED: R v Henry (1999) 46 NSWLR 346
PARTIES: Lee Homer GRAY (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2006/5255
COUNSEL: Mr P Byrne QC (Applicant) Mr G I O Rowling (Crown)
SOLICITORS: Mr S C Kavanagh (Applicant) Mr Ian Knight (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/31/0333
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 22 November 2006
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate