NSW Caselaw
Appeal Outcome: Special leave application granted by the High Court 13 February 2009 - [2009] HCA Trans 22Appeal allowed 21 April 2009 [2009] HCA 19
New South Wales Court of Criminal Appeal
CITATION: R v Carroll [2008] NSWCCA 218 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 1 August 2008
JUDGMENT DATE: 19 September 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 24; Hislop J at 55
By majority: DECISION: 1.Crown appeal upheld. 2.Sentence imposed in the District Court quashed. 3.In lieu the respondent is sentenced to a non-parole period to be served by way of full time custody of 18 months to date from 2 May 2008 and expire on 1 November 2009 with a balance of term of 18 months to commence on 2 November 2009 and expire on 1 May 2011. The respondent shall be released to parole on 1 November 2009 on the usual conditions.
CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - manslaughter - single head butt to victim - whether sentencing judge inappropriately confined considerations of general deterrence and retribution - young offender - compelling subjective circumstances - whether special circumstances were accorded too much weight - periodic detention - whether objective seriousness of offence required full time custodial sentence
LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Douar v The Queen (2005) 159 A Crim R 154 Everett v R [1994] HCA 49; 181 CLR 295 Griffiths v The Queen (1997) 137 CLR 293 IE v R [2008] NSWCCA 70 KT v R [2008] NSWCCA 51 R v AEM Snr & Ors [2002] NSWCCA 58 R v Allpass (1993) 72 A Crim R 561 R v Elliott, unreported, NSWCCA, 14 February 1991 CASES CITED : R v GDP (1991) 53 A Crim R 112 R v Hallocoglu (1992) 29 NSWLR 67 R v Jurisic (1998) 45 NSWLR 209 R v Osenkowski (1982) 5 A Crim R 394 R v Pham and Ly (1991) 55 A Crim R 128 R v Rushby [1977] 1 NSWLR 594 R v Schelberger, unreported, NSWCCA, 2 June 1988 R v Tran [1999] NSWCCA 109 R v Wall [2002] NSWCCA 42 The Queen v Dodd (1991) 57 A Crim R 349 Wong v The Queen; Leung v The Queen [2001] HCA 64; 207 CLR 584
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