NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hawke v R [2010] NSWCCA 172
HEARING DATE(S): 21 June 2010
JUDGMENT DATE: 6 August 2010
JUDGMENT OF: McClellan CJatCL at 1; Hislop J at 2; Barr AJ at 37
DECISION: (1) Grant leave to appeal; (2) Allow the appeal; (3) Quash the sentence and in lieu thereof impose the following sentence: imprisonment for a non parole period of 18 months commencing on 25 May 2009 and expiring on 24 November 2010, with a balance of term of 18 months expiring on 24 May 2012. Direct the release of the applicant on parole at the end of the non parole period (24 November 2010).
CATCHWORDS: CRIMINAL LAW - sentence - robbery in company - error as to commencement date of sentence - sentence backdated - no lesser sentence warranted in law.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act, 1999
R v De Simoni (1981) 147 CLR 383 Veen v The Queen (No 2) (1988) 164 CLR 465 R v Close (1992) 31 NSWLR 743 CASES CITED : R v Cook [1999] NSWCCA 234 McCabe v R [2006] NSWCCA 220; (2006) 164 A Crim R 344 Lukenic v R [2008] NSWCCA 250 Sultana v Regina [2007] NSWCCA 107
PARTIES: Dean Richard Hawke v Regina
FILE NUMBER(S): CCA 2009/1469
COUNSEL: W. Hunt (Applicant) D. Arnott SC (Crown)
SOLICITORS: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/1469
LOWER COURT JUDICIAL OFFICER: Madgwick DCJ
LOWER COURT DATE OF DECISION: 5 June 2009
IN THE COURT OF CRIMINAL APPEAL 2009/1469
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