NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Wilson v R [2008] NSWCCA 245
HEARING DATE(S): 26 September 2008
JUDGMENT DATE: 20 October 2008
JUDGMENT OF: Beazley JA at 1; Hislop J at 2; Price J at 3
DECISION: Leave to appeal granted. Quash the sentence imposed in the District Court for the offence contrary to s97(1) of the Crimes Act. Quash the parole order and conditions of parole made by the sentencing judge. For the offence contrary to s97(1) of the Crimes Act (including the matter on the Form 1) sentence the applicant to imprisonment with a non parole period of 4 years 6 months commencing on 3 February 2007 and expiring on 2 August 2011 with a balance of term of 2 years commencing on 3 August 2011 and expiring on 2 August 2013. The earliest date upon which the applicant will be eligible for release to parole is 2 August 2011.
Crimes Act, 1900 LEGISLATION CITED: Road Transport (Driver Licensing) Act, 1998 Criminal Procedure Act, 1986 Crimes (Sentencing Procedure) Act, 1999
House v The King (1936) 55 CLR 499 R v Cramp [2004] NSWCCA 264 R v Fidow [2004] NSWCCA 172 CASES CITED : Webster v R [2006] NSWCCA 346 Postiglione v The Queen (1997) 189 CLR 295 R v Kollas & Mitchell [2002] NSWCCA 491 R v Kairouz [2005] NSWCCA 247
PARTIES: Darren Brian Wilson v R
FILE NUMBER(S): CCA 2007/3027
COUNSEL: C. Loukas (Applicant) P.G. Ingram (Crown)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
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