NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: JM v R [2008] NSWCCA 254
HEARING DATE(S): 24 October 2008
JUDGMENT DATE: 5 November 2008
JUDGMENT OF: McClellan CJ at CL at 1; Nettle AJA at 2; Simpson J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - series of offences - use false instrument - disposal of stolen property - additional offences - obtaining benefits by deception - stealing - pleas of guilty - discount for past assistance against co-offenders - no discount for offered future assistance - fresh evidence of significance of the assistance - whether allowance should have been made for future assistance - magnitude of offending - leave granted to appeal - appeal dismissed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Willard [2001] NSWCCA 6 CASES CITED : Application of Antoun El Hani [2007] NSWSC 330 R v Scullion, (unreported, NSWCCA, 15 July 1992) R v MJM [2004] NSWCCA 66
PARTIES: JM (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2007/3080
COUNSEL: I McCLINTOCK SC (Applicant) J Girdham (Respondent)
SOLICITORS: Brett William Galloway (Applicant) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0028
LOWER COURT JUDICIAL OFFICER: Charteris DCJ
LOWER COURT DATE OF DECISION: 26 June 2007
IN THE COURT OF CRIMINAL APPEAL 2007/3080
McCLELLAN CJ at CL NETTLE AJA SIMPSON J
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