NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: TRUSS v REGINA [2008] NSWCCA 325
HEARING DATE(S): 15 December 2008
JUDGMENT DATE: 15 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Latham J at 3
EX TEMPORE JUDGMENT DATE: 15 December 2008
1. Grant leave to appeal and allow the appeal. DECISION: 2.The sentence imposed on 24 August 2007 is quashed. 3.In lieu, applicant sentenced to a non-parole period of 3 years and 4 months to date from 28th February 2007, expiring on 27th June 2010, with a balance of term of 1 year and 2 months to date from 28th June 2010, expiring on 27th August 2011.
CATCHWORDS: SENTENCE APPEAL - Break Enter and Commit Affray - failure to make allowance for time spent in residential rehabilitation program - finding of no prospects of rehabilitation open to judge - no question of principle
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
Hughes v Regina [2008] NSWCCA 48 CASES CITED : R v Delaney (2003) 59 NSWLR 1 [2003] NSWCCA 342
PARTIES: Timothy Truss - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2007/3952
COUNSEL: M Johnston - Applicant P Calvert - Crown Respondent
SOLICITORS: Steve O'Connor (Legal Aid commission) - Applicant S Kavanagh (Solicitor for Public Prosecutions) Crown Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0335
LOWER COURT JUDICIAL OFFICER: Knox SC DCJ
LOWER COURT DATE OF DECISION: 24 August 2007
IN THE COURT OF CRIMINAL APPEAL 2007/3952
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