NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Ryan v R [2008] NSWCCA 198 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 11 August 2008
JUDGMENT DATE: 29 August 2008
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Price J at 30
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - sentence manifestly excessive - application of guideline judgment - subjective circumstances
LEGISLATION CITED: Crimes Act 1900 - s97
R v Henry and Others [1999] NSWCCA 111 CASES CITED : R v Todorovic [2008] NSWCCA 49 R v Rushby [1977] 1 NSWLR 594
PARTIES: Stephen Walter James Ryan Regina
FILE NUMBER(S): CCA 2007/5107
COUNSEL: J Manuell (Applicant) D Arnott SC (Crown)
SOLICITORS: Aboriginal Legal Services (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/61/0088
LOWER COURT JUDICIAL OFFICER: Woods ADCJ
LOWER COURT DATE OF DECISION: 2/11/2007
IN THE COURT OF CRIMINAL APPEAL 2007 / 5107
McCLELLAN CJ at CL BARR J PRICE J
FRIDAY 29 AUGUST 2008 Stephen Walter James RYAN v REGINA Judgment 1 McCLELLAN J: I agree with Barr J. 2 BARR J: Stephen Walter James Ryan seeks leave to appeal against a sentence imposed in the District Court. For an armed robbery committed on 19 March 2007 the applicant was sentenced to 3 years' imprisonment with a non-parole period of 15 months dating from 2 November 2007. The charge was laid under s97(1) Crimes Act.
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