NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: FAM v R [2008] NSWCCA 167
HEARING DATE(S): 16 July 2008
JUDGMENT DATE: 8 August 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Fullerton J at 3
1. Leave to appeal be granted. DECISION: 2. The sentence imposed in the District Court be quashed. 3. In lieu thereof the applicant is sentenced to a non-parole period of 18 months commencing on 1 June 2007. He is to be released to parole on 30 November 2008, the total term to expire on 30 November 2009. 4. The orders otherwise made by the sentencing judge are confirmed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - whether sentence manifestly excessive - one count of aggravated indecent asault - one offence of possessing child pornography on Form 1
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED : Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 [2002] NSWCCA 518; 56 NSWLR 146
PARTIES: FAM (App) The Crown (Resp)
FILE NUMBER(S): CCA 2007/3130
COUNSEL: Applicant in person D Arnott SC (Resp)
SOLICITORS: Applicant in person Director of Public Prosecutions (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/41/0182
LOWER COURT JUDICIAL OFFICER: Williams DCJ
LOWER COURT DATE OF DECISION: 1 June 2007
IN THE COURT OF CRIMINAL APPEAL 2007/3130
McCLELLAN CJ at CL HIDDEN J FULLERTON J
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