NSW Caselaw
Reported Decision: 70 NSWLR 660
New South Wales Court of Criminal Appeal
CITATION: BLUNDELL, Paul John v R (Cth) [2008] NSWCCA 63 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 December 2007
JUDGMENT DATE: 25 March 2008
JUDGMENT OF: Grove J at 1; Hulme J at 2; Simpson J at 6
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – appeal against sentence – fraudulent misappropriation – plea of guilty – lapse of 5 years between offending and sentencing – Community Service Order and periodic detention not available as applicant living interstate – principle of parsimony
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 (NSW)
CATEGORY: Principal judgment
DB v R; DNN v R [2007] NSWCCA 27 Kelly v The Queen [2007] NSWCCA 357 CASES CITED : Lowe v The Queen [1984] HCA 46; 154 CLR 606 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v PP [2003] VSCA 100; 142 A Crim R 369 R v Storey [1998] 1 VR 359
PARTIES: Paul John Blundell (Applicant) Regina (Cth) (Respondent)
FILE NUMBER(S): CCA 2007/3109
COUNSEL: A Francis (Applicant) C O'Donnell (Respondent)
SOLICITORS: Gregory J Goold Solicitor (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0344
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 13 July 2007
IN THE COURT OF CRIMINAL APPEAL 2007/3109
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