NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: HEINE v R [2008] NSWCCA 61
HEARING DATE(S): 18 March 2008
JUDGMENT DATE: 16 April 2008
JUDGMENT OF: Bell JA at 1; Simpson J at 49; Adams J at 50
DECISION: 1. Grant leave to appeal; 2. The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - detaining a person with intent to obtain advantage - SENTENCING – appeal against severity of sentence – offender suffering from mental disorder – assessment of impact on moral culpability - use of sentencing statistics – no error demonstrated – sentence not manifestly excessive
LEGISLATION CITED: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Makarian v R (2005) 228 CLR 357 R v Allen [2008] NSWCCA 11 R v Bloomfield (1998) 44 NSWLR 734 R v Engert (1995) 84 A Crim R 67 R v Fahda [1999] NSWCCA 267 CASES CITED : R v Hamid [2006] NSWCCA 302 R v Israil [2002] NSWCCA 255 R v Lee [2003] NSWCCA 391 R v Pearson [2004] NSWCCA 129 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Wright (1997) 93 A Crim R 48
PARTIES: Aung Wyn HEINE (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/00003046
COUNSEL: R Burgess (Appellant) J Dwyer (Crown)
SOLICITORS: S E O'Connor (Appellant) S Kavanagh (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0313
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
IN THE COURT OF CRIMINAL APPEAL
CCA 2007/00003046
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