NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Bell v R [2008] NSWCCA 206
HEARING DATE(S): 13 August 2008
JUDGMENT DATE: 12 September 2008
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Price J at 3
DECISION: (i) Leave to appeal granted. (ii) Quash the sentence imposed in the District Court. (iii) Sentence the applicant to imprisonment for 5 years 6 months to commence on 27 July 2007 and to expire on 26 January 2013 with a non-parole period of 3 years 3 months to commence on 27 July 2007 and to expire on 26 October 2010. The earliest date on which the applicant will be eligible for release to parole is 26 October 2010.
CATCHWORDS: Criminal law - Sentencing - Commonwealth offence - Breach of trust by co-offender - Parity - Application of principle of totality to co-offender's sentence - Justifiable sense of grievance.
Criminal Code (Cth) s 134.1, s 135.1, s 135.4(1) LEGISLATION CITED: Crimes Act 1914 (Cth) s 19AB Transfer of Prisoners Act 1983 (Cth)
CATEGORY: Principal judgment
Pearce v The Queen (1998) 194 CLR 610 CASES CITED : Postiglione v The Queen (1997) 189 CLR 295 R v Ilbay [2000] NSWCCA 251 R v Pont (2000) 121 A Crim R 302
PARTIES: Peter Douglas Bell Regina
FILE NUMBER(S): CCA 2007/3992
COUNSEL: Mr H Dhanji (Applicant) Mr M Buscombe (Respondent)
SOLICITORS: Bannister Kyriacou Nasser Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Marien SC DCJ
LOWER COURT DATE OF DECISION: 24 August 2007
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