NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: AGUIRRE v R [2010] NSWCCA 115
HEARING DATE(S): 21 May 2010
JUDGMENT DATE: 8 June 2010
JUDGMENT OF: James J at 1; Simpson J at 115; Barr AJ at 116
As to the sentence imposed on count 1:- ·Grant leave to appeal against the sentence DECISION: ·Allow appeal against sentence ·Quash the sentence imposed on count 1 and in lieu thereof impose a sentence of a non-parole period of four years commencing on 24 June 2008 and a balance of the term of two years. Otherwise, grant leave to appeal but dismiss the appeal against sentence.
CATCHWORDS: CRIMINAL LAW — Sentencing — failure to set non-parole period for offence in Table to Division 1A of Part 4 of Crimes (Sentencing Procedure) Act — record of previous convictions s 21A(2)(d) — whether offence committed in home of victim s 21A(2)(eb) — whether offence involved gratuitous cruelty s 21A(2)(f) — whether matter can be proved beyond reasonable doubt by victim impact statement — youth and immaturity of offender — whether sentences manifestly excessive
Crimes (Sentencing Procedure) Act LEGISLATION CITED: Crimes Act Criminal Appeal Act
House v The King (1936) 55 CLR 499 McCullough v R [2009] NSWCCA 94 R v Johnson [2004] NSWCCA 76 R v Sharma [2002] NSWCCA 142 R v Slack [2004] NSWCCA 128 CASES CITED : R v Thomas [2007] NSWCCA 269 R v Wilson [2005] NSWCCA 219 R v Walker [2005] NSWCCA 109 SGJ v R, KU v R [2008] NSWCCA 258 Veen v The Queen (No 2) (1988) 164 CLR 465 Wright v R [2009] NSWCCA 3
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