NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SENDY, Ian William v R [2009] NSWCCA 299
HEARING DATE(S): 20 October 2009
JUDGMENT DATE: 18 December 2009
JUDGMENT OF: Basten JA at 1; Fullerton J at 2; McCallum J at 42
DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - multiple acts of indecency - larceny - break and enter with intent - all offences have a sexual element - whether sufficient discount allowed for guilty pleas - whether offence was aggravated by applicant being on bail - whether relationship between non-parole period and balance of term appropriate where no finding of special circumstances specified
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Hejazi v R [2009] NSWCCA 282 R v Borkowski [2009] NSWCCA 102 CASES CITED : R v Stambolis [2006] NSWCCA 56; 160 A Crim R 510 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Sullivan v R; Skillin v R [2008] NSWCCA 296
PARTIES: Ian William Sendy (App) The Crown (Resp)
FILE NUMBER(S): CCA 2007/7778
COUNSEL: S Corish (App) P Leask (Resp)
SOLICITORS: Legal Aid Commission (App) Solicitor for Public Prosecutions (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/71/0048
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 7 February 2008
IN THE COURT OF CRIMINAL APPEAL 2007/7778
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