NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SHAW, Jason Robert v R [2008] NSWCCA 58
HEARING DATE(S): 6 February 2008
JUDGMENT DATE: 14 March 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Fullerton J at 3
(i) Grant leave to appeal. DECISION: (ii) Allow the appeal and quash the sentences imposed in the District Court. (iii) In lieu thereof, the applicant is sentenced to a non-parole period of two years and six months commencing on 7 April 2007 and expiring on 6 October 2009 with a balance of term of eighteen months expiring on 6 April 2011.
CATCHWORDS: CRIMINAL LAW - LEAVE TO APPEAL AGAINST SENTENCE - plea of guilty - aggravated break, enter and the commission of a serious indictable offence and malicious damage to property - six year term of imprisonment with a four year non-parole period - proportionality - error in the assessment of objective seriousness - error in approach to proper allowance for the plea of guilty - application of Div 1A of Part IV of the Crimes (Sentencing Procedure) Act - approach to s 44(2) of the Crimes (Sentencing Procedure) Act - DOMESTIC VIOLENCE OFFENCES - specific and general deterrence - protection of the community - denunciation of offender's conduct - relevance of victim's expression of forgiveness
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Hoare v The Queen (1989) 167 CLR 348 Lovell v R; Dominey v R [2006] NSWCCA 222 Markarian v R [2005] HCA 25; 215 ALR 213 R v AJP [2004] NSWCCA 434; 150 A Crim R 575 R v Davies [2004] NSWCCA 319 R v Devine, Supreme Court of Tasmania, Underwood J, 5 July 1993 unreported R v Dodd (1991) 57 A Crim R 349 R v Glen, Court of Criminal Appeal, 19 December 1994, unreported CASES CITED : R v Hamid [2006] NSWCCA 302; 164 A Crim R 179 R v Johnson [2005] NSWCCA 186 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 R v Porteous [2005] NSWCCA 115 R v Rice [2004] NSWCCA 384; 150 A Crim R 37 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Tory [2006] NSWCCA 18 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Whyte [2002] NSWCCA 343; 55 NSWLR 252 Veen v The Queen (No 2) (1988) 164 CLR 465
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate