CARROLL v R [2008] NSWCCA 300

New South Wales Court of Criminal Appeal

CITATION: CARROLL v R [2008] NSWCCA 300

HEARING DATE(S): 8 December 2008

JUDGMENT DATE: 8 December 2008

JUDGMENT OF: Tobias JA at 27, 29; James J at 2; Price J at 28

EX TEMPORE JUDGMENT DATE: 8 December 2008

DECISION: Grant leave to appeal against sentence. Dismiss the appeal against sentence.

CATCHWORDS: CRIMINAL LAW — Sentencing — alleged lack of parity or appropriate disparity — no error

LEGISLATION CITED: Crimes Act Crimes (Sentencing Procedure) Act

CASES CITED : GAS v R (2004) 217 CLR 198 R v Postiglione (1997) 189 CLR 295

PARTIES: CARROLL, Thomas Neville Terrance (Applicant) Crown (Respondent)

FILE NUMBER(S): CCA 2007/2863

COUNSEL: D H Patch (Applicant) P M Miller (Respondent)

SOLICITORS: John North, Solicitor (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/1176

LOWER COURT JUDICIAL OFFICER: Freeman DCJ

LOWER COURT DATE OF DECISION: 9 March 2007

IN THE COURT OF CRIMINAL APPEAL 2007/2863

TOBIAS JA JAMES J PRICE J

MONDAY 8 DECEMBER 2008 CARROLL, Thomas Neville Terrance v R Judgment 1 JAMES J: Thomas Neville Terrence Carroll applied for leave to appeal against a sentence imposed upon him in the District Court by his Honour Judge Freeman on 9 March 2007. 2 The applicant had been tried with an alleged co-offender, Frederick John Owens, on a charge of specially aggravated kidnapping (detention) of a woman who I will refer to as SP, and a charge of manslaughter of EP, a baby born to SP. The jury returned verdicts for both accused of not guilty of specially aggravated kidnapping but guilty of aggravating kidnapping and not guilty of the manslaughter of EP.