NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Matthews [2008] NSWCCA 54
HEARING DATE(S): 4 March 2008
JUDGMENT DATE: 10 March 2008
JUDGMENT OF: Mason P at 1; Mathews AJA at 2; Latham J at 3
DECISION: 1. The sentence imposed by Moore ADCJ on 9 October 2007 is set aside. 2. The matter is remitted to the District Court for expedited determination afresh by a different judge.
CATCHWORDS: SENTENCE - Crown appeal - Break, enter and commit serious indictable offence in company - resondent traverses his plea during cross-examination - Judge proceeds to sentence on erroneous basis - sentence set aside and matter remitted to District Court for re-determination - observations re manifest inadequacy of sentence imposed.
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
R v Sharah (1992) 30 NSWLR 292 Tangye (1997) 92 A Crim R 545 CASES CITED : Taufahema v The Queen [2006] NSWCCA 152 ; (2006) 162 A Crim R 152 R v Falls [2004] NSWCCA 335 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Seltsam Pty Ltd. v Ghaleb [2005] NSWCA 208
PARTIES: Applicant - Regina Respondent - Shaun Harvey Matthews
FILE NUMBER(S): CCA 2007/00004695
COUNSEL: Applicant - N Norman Respondent - A Francis
SOLICITORS: Applicant - S Kavanagh Respondent - SE O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/31/0006
LOWER COURT JUDICIAL OFFICER: Moore ADCJ
LOWER COURT DATE OF DECISION: 9 October 2007
IN THE COURT OF CRIMINAL APPEAL 2007/00004695
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