NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Gibbs v Regina [2007] NSWCCA 171 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 14 June 2007
JUDGMENT DATE: 21 June 2007
JUDGMENT OF: Hodgson JA at 1; Grove J at 2; Simpson J at 3
DECISION: Leave to appeal granted. Sentence quashed, in lieu thereof the applicant be sentenced to imprisonment with a non-parole period of twelve months, commencing on 16 September 2006 and expiring on 15 September 2007, with a balance of term of one year and three months, expiring on 15 December 2008. The applicant is to be released on parole at the expiration of the non-parole period, 15 September 2007.
CATCHWORDS: CRIMINAL LAW - SENTENCING - break enter and steal - plea of guilty - pre-sentence residential rehabilitation - parity - juvenile co-offenders - Children's Court order - breach of bail conditions
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
R v Colgan [1999] NSWCCA 292 CASES CITED: R v Govinden [1999] NSWCCA 118; 106 A Crim R 314 R v Tran [2005] NSWCCA 35
PARTIES: Jasmynd Gibbs (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/865
COUNSEL: A Cook/G Wright (Applicant) J Dwyer (Respondent)
SOLICITORS: Aboriginal Legal Services (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: Local Court - Wagga Wagga
LOWER COURT FILE NUMBER(S): 06/71/0060
LOWER COURT JUDICIAL OFFICER: Puckeridge J
LOWER COURT DATE OF DECISION: 29 September 2006
IN THE COURT OF CRIMINAL APPEAL 2007/865
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