NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v WC [2008] NSWCCA 268 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): Monday 3 November 2008
JUDGMENT DATE: 19 November 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Harrison J at 65
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - SENTENCING - Appeal - Crown appeal against sentence - application of the totality principle - where, at date of senetncing, offender was already serving a lengthy sentence for earlier convictions - whether individual sentences imposed in respect of five counts are manifestly inadequate - whether the aggregate sentence as between the five counts is manifestly inadequate - whether the total effective sentence is manifestly inadequate
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Cahyadi v Regina [2007] NSWCCA 1; (2007) 168 A Crim R 41 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 Postiglione v The Queen (1997) 189 CLR 295 CASES CITED : Regina v Holder [1983] 3 NSWLR 245 Regina v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 Regina v MMK [2006] NSWCCA 272; (2006) 164 A Crim R 481 Regina v Rossi (unreported, Court of Criminal Appeal of SA; 20 April 1988) Regina v Wall [2002] NSWCCA 42
PARTIES: REGINA v WC
FILE NUMBER(S): CCA No 2006/14616
COUNSEL: C: P Ingram R: H Cox
SOLICITORS: C: S Kavanagh R: Mark Klees & Associates
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