NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rickard v Regina [2007] NSWCCA 238
HEARING DATE(S): 5 July 2007
JUDGMENT DATE: 8 August 2007
JUDGMENT OF: Spigelman CJ at 1; Hislop J at 2; Harrison J at 3
DECISION: Leave to appeal granted. Appeal allowed in part. Confirm the sentence imposed for the offence under s 562AB of the Crimes Act 1900. Quash the sentence imposed for the offence under s 117 of the Crimes Act 1900 and in lieu thereof dismiss the charge under s 10 of the Crimes (Sentencing Procedure) Act 1999.
CATCHWORDS: CRIMINAL LAW – appeal against sentence – intimidation with intent to cause victim to fear mental harm and larceny – whether trial judge erred in making findings of fact not supported by evidence or inconsistent with evidence – whether trial judge erred in failing to consider special circumstances in sentencing - whether sentences manifestly excessive
LEGISLATION CITED: Crimes Act 1900 – ss 117, 562AB Crimes (Sentencing Procedure) Act 1999 – ss 10, 21A, 44(2)
CASES CITED: Neal v R (1982) 149 CLR 305 R v Simpson (2001) 53 NSWLR 704
PARTIES: Matthew James Rickard (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/1268
COUNSEL: H White (Appellant) W Dawe QC (Crown)
SOLICITORS: L W Williams & Associates (Appellant) S Kavanagh, Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0621
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 14 December 2006 (date of sentence)
- 17 - IN THE COURT OF CRIMINAL APPEAL 2007/1268
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