NSW Caselaw
Appeal Outcome: Special leave dismissed by the High Court (s498/2008) 1 April 2009 [2009] HCASL 85
New South Wales Court of Criminal Appeal
CITATION: Leddin v R [2008] NSWCCA 242
HEARING DATE(S): 1 August 2008
JUDGMENT DATE: 20 October 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Hislop J at 3
DECISION: (1) Grant leave to appeal; (2) Quash the sentences in respect of counts 1, 2 and 3; (3) In lieu thereof sentence the applicant as to counts 1, 2 and 3 as follows: Count 1 - The applicant is sentenced to imprisonment for a fixed term of 9 years commencing on 9 June 2006 and expiring on 8 June 2015; Count 2 - The applicant is sentenced to imprisonment for 8 years 4 months to commence on 9 June 2006 and expire on 8 October 2014 with a balance of term of 2 years 9 months to commence on 9 October 2014 and expire on 8 July 2017; Count 3 - The applicant is sentenced to imprisonment for 8 years 4 months to commence on 9 June 2006 and expire on 8 October 2014 with a balance of term of 2 years 9 months to commence on 9 October 2014 and expire on 8 July 2017; (4) The sentence in respect of count 4 is confirmed; (5) The earliest date the applicant is eligible for release on parole is 8 June 2018.
LEGISLATION CITED: Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999
R v Way (2004) 60 NSWLR 168 R v Rice [2004] NSWCCA 384 CASES CITED : R v Thomas (1993) 65 A Crim R 269 R v Romano [2004] NSWCCA 380 R v Knight [2004] NSWCCA 145
PARTIES: Shane Joseph Leddin v R
FILE NUMBER(S): CCA 2007/3710
COUNSEL: I. Nash (Applicant) P. Miller (Crown)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Crown)
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