NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Burns v R [2008] NSWCCA 260
HEARING DATE(S): 27 October 2008
JUDGMENT DATE: 19 November 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; McCallum J at 3
(1) that an extension of the time within which to apply for leave to appeal be granted. DECISION: (2) that leave to appeal be granted. (3) that the appeal be allowed in part and the sentence imposed by Judge Freeman for the offence of attempted armed robbery varied to a non-parole period of 4½ years commencing on 23 February 2006 and expiring on 22 August 2010 with a balance of term of 22 months expiring on 22 June 2012.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - attempted armed robbery - aggravated car jacking - pleas of guilty - mental illness - SENTENCE - accumulation - ratio between non-parole period and balance of term - refusal by trial judge to find special circumstances
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Evidence Act 1995
CATEGORY: Principal judgment
R v Close (1993) 65 A Crim R 55 CASES CITED : R v Hemsley [2004] NSWCCA 228 R v Henry (1999) 46 NSWLR 436 R v Welsh (1996) 90 A Crim R 364
PARTIES: John Thomas BURNS (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2004/8277
COUNSEL: Mr P Lange (Applicant) Mr V Rowling (Respondent)
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
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