NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Van Rysewyk [2008] NSWCCA 130
HEARING DATE(S): 29 February 2008
JUDGMENT DATE: 16 June 2008
JUDGMENT OF: Bell JA at 1; Hulme J at 2; Latham J at 7
1. Appeal allowed DECISION: 2. The sentence imposed by Payne DCJ on 14 September 2007 is quashed 3. In lieu, the respondent is sentenced to a non parole period of five years, to date from 11 October 2007, expiring 10 October 2012, with a balance of term of three years and seven months, expiring 10 May 2016. The respondent is eligible for release on 11 October 2012
CATCHWORDS: SENTENCE - Crown appeal - specially aggravated break enter and steal - erroneous inclusion of breach of conditional liberty as factor in assessment of objective gravity - standard non parole period - indeterminate assessment of objective gravity - manifest inadequacy.
LEGISLATION CITED: Crimes Act 1900 Drug Court Act 1998
CATEGORY: Principal judgment
R v Derbas [2003] NSWCCA 44 Holloway v McFeeters (1956) 94 CLR 470 CASES CITED : R v Kafovalu [2007] NSWCCA 141 R v McNaughton (2006) 66 NSWLR 566 R v Mitchell, R v Gallagher [2007] NSWCCA 296
PARTIES: Regina - Crown Respondent - Anthony Van Rysewyk
FILE NUMBER(S): CCA 2007/00003015
COUNSEL: Crown - P Ingram Respondent - M Dennis
SOLICITORS: Crown - S Kavanagh - Solicitor of Public Prosecutions Respondent - S O'Connor - Legal Aid Commission
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 17/11/0287
LOWER COURT JUDICIAL OFFICER: Payne DCJ
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