NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Sheather v R [2009] NSWCCA 173
HEARING DATE(S): 1 May 2009
JUDGMENT DATE: 30 June 2009
JUDGMENT OF: McClellan CJatCL at 1; Grove J at 30; Buddin J at 31
DECISION: 1.Application for leave to appeal allowed and sentence imposed in District Court quashed: 2.The applicant is sentenced to a non-parole period of 12 months commencing on 6 June 2008 and expiring on 5 June 2009 when the applicant is to be released to parole. There will be a balance of term of 12 months which will expire on 5 June 2010.
CATCHWORDS: CRIMINAL LAW - appeal - assault with intent to rob - guilty plea - sentence excessive when compared to co-offender although direct comparison inappropriate as co-offender a juvenile - appeal allowed
LEGISLATION CITED: Crimes Act 1900 Children's (Criminal Proceedings) Act 1987
CATEGORY: Principal judgment
Postiglione v The Queen (1997) 189 CLR 295 R v Colgan [1999] NSWCCA 292 CASES CITED : R v El Hani (2004) NSWCCA 162 SZ v R (2007) NSWCCA 19; 168 A Crim R 249 TJ V R [2009] NSWCCA 99
PARTIES: Charles George Sheather (Applicant) The Crown
FILE NUMBER(S): CCA 2007/10957
COUNSEL: M Dennis (Applicant) N Noman (Crown)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/10957
LOWER COURT JUDICIAL OFFICER: McGuire A/DCJ
LOWER COURT DATE OF DECISION: 6 June 2008
IN THE COURT OF CRIMINAL APPEAL 2007/10957
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