NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hagen v R [2009] NSWCCA 268
HEARING DATE(S): 26 October 2009
JUDGMENT DATE: 30 October 2009
JUDGMENT OF: Allsop P at 1; Fullerton J at 1; McCallum J at 1
1. Grant leave to appeal. 2. Allow the appeal. DECISION: 3. Quash the sentences imposed on 7 November 2008 and in lieu thereof: (a) In respect of count 2, impose a fixed term of six months' to commence on 25 October 2008 and to expire on 24 April 2009. (b) In respect of count 1, non-parole period to commence on 25 October 2008 for 12 months and with a balance of term of 17 months to expire on 24 March 2011. (c) Pursuant to s 50 of the Crimes (Sentencing Procedure) Act direct the immediate release of the applicant/appellant on parole.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
CASES CITED : R v Mitchell, R v Gallagher [2007] NSWCCA 296 R v Van Rysewyk [2008] NSWCCA 130
PARTIES: Darren Glenn HAGEN (Applicant) Regina
FILE NUMBER(S): CCA 2007/6151
COUNSEL: W Hunt (Applicant) V Lydiard (Respondent)
SOLICITORS: Legal Aid Commission Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/6151
LOWER COURT JUDICIAL OFFICER: Boulten ADCJ
LOWER COURT DATE OF DECISION: 7 November 2008
- 8 - IN THE COURT OF CRIMINAL APPEAL 2007/6151
ALLSOP P FULLERTON J McCALLUM J
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