NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CROOK, Darroll Charles v Regina [2008] NSWCCA 84 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10 March 2008
JUDGMENT DATE: 21 April 2008
JUDGMENT OF: Giles JA at 1; Adams J at 2; Latham J at 23
DECISION: (1) Leave to appeal is granted; (2) The sentence below is quashed; (3) The appellant is sentenced to a non-parole period of one year and nine months commencing 12 March 2007 and ending 11 December 2008 with a balance of term of two years commencing on 12 December 2008 and ending on 11 December 2010. The earliest date upon which the appellant is eligible for release on parole is 12 December 2008.
CATCHWORDS: Sentencing - breaking and entering and malicious damage - offender's mother's home - substance abuse and psychiatric problems - objective seriousness below mid-range - strong subjective features - 25 per cent discount for plea - sentence of 5 years 3 months with non-parole period 3 years excessive - substantial progress in rehabilitation - need for supervision following release - resentenced to 3 years 9 months with non-parole period 1 year 9 months.
CATEGORY: Principal judgment
PARTIES: Darroll Charles Crook - Applicant The Crown - Respondent
FILE NUMBER(S): CCA 2007/3053
COUNSEL: C A Davenport SC - Applicant D Woodburn - Respondent
SOLICITORS: S O'Connor (Legal Aid) - Applicant S Kavanagh (Solicitor for Public Prosecutions) - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 06/61/0117
LOWER COURT JUDICIAL OFFICER: Woods ADCJ
LOWER COURT DATE OF DECISION: 12 June 2007 (Sentence)
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