NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kelso v R [2010] NSWCCA 34
HEARING DATE(S): 4 February 2010
JUDGMENT DATE: 2 March 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 33; Harrison J at 34
DECISION: 1. Leave to appeal granted, the appeal upheld and the sentence imposed in the District Court is quashed. 2. The applicant is sentenced to a term of imprisonment of 3 years with a non-parole period of 18 months commencing on 16 December 2008 and expiring on 15 June 2010 with a further period of 18 months expiring on 15 December 2011. The applicant is eligible for release to parole on 15 June 2010
CATCHWORDS: CRIMINAL LAW - appeal - appeal against sentence - grounds for interference - judge act on wrong principle - sentence manifestly excessive or inadequate - CRIMINAL LAW - sentence - relevant factors - nature and circumstances of offender
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
England & Phanith v R [2009] NSWCCA 274 Lowe v R (1984) 154 CLR 606 CASES CITED : Postiglione v R (1996-1997) 189 CLR 295 R v Henry (1999) 106 A Crim R 149; (1999) 46 NSWLR 346 R v Murchie (1999) 108 A Crim R 482
PARTIES: Andrew John Kelso (applicant) The Crown
FILE NUMBER(S): CCA 2008/14420
COUNSEL: G Turnbull SC (Applicant) L Lamprati SC (Crown)
SOLICITORS: Stacks Goudkamp Lawyers (Applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/14420
LOWER COURT JUDICIAL OFFICER: English DCJ
LOWER COURT DATE OF DECISION: 16 December 2008
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate