NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Speechly v R [2008] NSWCCA 204
HEARING DATE(S): 15/08/2008
JUDGMENT DATE: 4 September 2008
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Price J at 24
1.Grant leave to appeal against sentence and allow the appeal. DECISION: 2.Quash the sentence appealed from and impose in lieu a sentence of imprisonment. Fix a non-parole period of six years commencing on 23 December 2005 and expiring on 22 December 2011 and a balance of term, during which the applicant will be eligible for consideration for release to parole, of three years, expiring on 22 December 2014. 3. Declare that the first day upon which the applicant will be eligible for release to parole will be 22 December 2011.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - relationship between non-parole and parole periods under s44 Crimes (Sentencing Procedure) Act - comparison of sentences of co-offenders
LEGISLATION CITED: Crimes Act 1900 s33 Crimes (Sentencing Procedure) Act 1999 s21A, s44, s54B
CASES CITED : Lowe v The Queen [1984] HCA 46 )
PARTIES: Justin Speechly Regina
FILE NUMBER(S): CCA 2007/3065
COUNSEL: D Carroll (Applicant) P Ingram (Crown)
SOLICITORS: Mark Klees and Associates (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/1107
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 15/06/2007
IN THE COURT OF CRIMINAL APPEAL 2007 / 3065
McCLELLAN CJ at CL BARR J PRICE J
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