NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Graham v Regina [2009] NSWCCA 212
HEARING DATE(S): 19 August 2009
JUDGMENT DATE: 31 August 2009
JUDGMENT OF: Macfarlan JA at 1; Grove J at 2; Hoeben J at 3
DECISION: Leave to appeal is granted. The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - sentence appeal - submission that sentence manifestly excessive because of notional starting point - use of statistics - effect of previous criminal record - need to focus on sentence actually passed - extent to which sentence can be discounted before it becomes inadequate.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Charlesworth v Regina [2009] NSWCCA 27 at [78]. MacDonald v Regina [2007] NSWCCA 105 at [46] CASES CITED : R v Henry (1999) 46 NSWLR 346 Robertson v R [2007] NSWCCA 270 Veen v The Queen (No 2) (1987-1988) 164 CLR 465 at 477 R v Way (2004) 60 NSWLR 168 SZ v R [2007] NSWCCA 19 at [40]
PARTIES: Lisa Anne Graham - Applicant Regina - Respondent Crown
FILE NUMBER(S): CCA 2008/12246005
COUNSEL: Mr M Dennis - Applicant Ms V Lydiard - Respondent Crown
SOLICITORS: SE O'Connor, Legal Aid Commission - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/12246
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