NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Smith [2006] NSWCCA 353
HEARING DATE(S): 20/10/06
JUDGMENT DATE: 10 November 2006
JUDGMENT OF: Hidden J at 1; Bell J at 2; Johnson J at 35
DECISION: 1. Allow the appeal; 2. Confirm the sentence on count 1; 3. Confirm the sentences on counts 2 to 5 but vary their dates of commencement as set out in order 5; 4. Quash the sentence on count 6 and, in lieu thereof, the respondent is sentenced to a non-parole period of three years and a balance of term of two years each to commence as specified in order 5; 5. The dates of commencement of the sentences are as follows; Count 1 – fixed term of 18 months' imprisonment to date from 20 June 2006 and to expire on 19 December 2007; Count 3 – fixed term of two years' and nine months' imprisonment to date from 20 December 2006. This sentence will expire on 19 September 2009; Count 4 – a fixed term of two years' and nine months' imprisonment to date from 20 June 2007 and to expire on 19 March 2010; Count 5 – a fixed term of 18 months' imprisonment to commence on 20 June 2007. This sentence will expire on 19 December 2008; Count 6 – a non-parole period of three years to date from 20 October 2007 and to expire on 19 October 2010 and a balance of term of two years to expire on 19 October 2012; Count 2 – non-parole period of three years and three months to date from 20 March 2008. The non-parole period will expire on 19 June 2011. Specify a balance of term of two years and nine months. This sentence will expire on 19 March 2014.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Ainger v Coffs Harbour City Council [2005] NSWCA 424 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 Dinsdale v R (2000) 202 CLR 321 Johnson v R [2004] HCA 15; 78 ALJR 616 CASES CITED: Markarian v R [2005] HCA 25; 79 ALJR 1048 Pearce v R (1998) 194 CLR 610 R v Allpass (1993) 72 A Crim R 561 R v Holyoak (1995) 82 A Crim R 502 R v Way [2004] NSWCCA 131; 60 NSWLR 168
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