NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Widders v Regina [2007] NSWCCA 96
HEARING DATE(S): 26 March 2007
JUDGMENT DATE: 12 April 2007
JUDGMENT OF: Simpson J at 1; Howie J at 2; Hislop J at 3
DECISION: 1. Grant leave to appeal; 2. Allow the appeal as to counts 1 and 2; 3. Quash the sentence as to count 1 and in lieu thereof sentence the applicant to imprisonment for a fixed term of 2 years and 6 months to commence on 28 January 2006 and expire on 27 July 2008; 4. Quash the sentence in respect of count 2 and in lieu thereof sentence the applicant to imprisonment for a fixed term of 1 year and 9 months to commence on 28 April 2008 and expire on 27 January 2010; 5. Confirm the sentence on count 3 of imprisonment for a non parole period of 6 months to commence on 28 January 2010 and expire on 27 July 2010 with the balance of term of 18 months to expire on 27 January 2012. The earliest date on which the applicant will be eligible for release to parole is 27 July 2010.
CATCHWORDS: Criminal law - Sentence - Ratio of sentence to maximum term of imprisonment - Effective overall sentence.
Crimes Act 1900 - ss 35(1)(a), 59(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act - s 44(1) Criminal Appeal Act 1912 - s 6(3)
Pearce v R (1998) 194 CLR 610 R v Dickinson [2005] NSWCCA 284 CASES CITED: R v Romano [2004] NSWCCA 380 R v Simpson (2001) 53 NSWLR 704 R v Zreika [2003] NSWCCA 47 Thomas (1993) 65 A Crim R 269
PARTIES: Applicant - Jamie Scott Widders Respondent - Regina
FILE NUMBER(S): CCA 2006/2913
COUNSEL: Applicant - Mr C.B. Craigie SC Respondent - Ms V. Lydiard
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