NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dyer v Regina [2006] NSWCCA 274 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 30/08/06
JUDGMENT DATE: 20 September 2006
JUDGMENT OF: Hunt AJA at 1; Simpson J at 2; Whealy J at 3
DECISION: I propose that the application for leave to appeal be granted; but the appeal be dismissed.
CATCHWORDS: Application for leave to appeal against severity of sentence - erroneous finding in relation to facts of co-offender's sentence - vulnerability of victim - age and mental functioning level of offender - totality principle - sentence not manifestly excessive
LEGISLATION CITED: Crimes Act (NSW) Crimes (Sentencing Procedure) Act 1999
R v Henry [1999] 46 NSWLR 346 R v Murchie (1999) 108 ACR 482 R v Ibrahimi [2005] NSWCCA 153 per Latham J R v MMK [2006] NSWCCA 272 at para 8 CASES CITED: R v Gordon (1994) 71 A Crim R 469 Mill v R (1988) 166 CLR 59 at 62-63 Larsen v R (1989) 44 A Crim R per Badgery-Parker J House v The King (1936) 55 CLR 499 at 505 Lowndes v The Queen (1999) 195 CLR 665 at 671-672
PARTIES: Eric John Dyer v Regina
FILE NUMBER(S): CCA 2006/1317
COUNSEL: Mr T. Watts - Applicant Mr W. Dawe QC - Crown/Respondent
SOLICITORS: S. Etherington (Legal Aid Commission) - Applicant S. Kavanagh (DPP) - Crown/Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/1220
LOWER COURT JUDICIAL OFFICER: Knight DCJ
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