NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Carriage [2009] NSWCCA 147
HEARING DATE(S): 11 May 2009
JUDGMENT DATE: 11 May 2009
JUDGMENT OF: James J at 1, 24; Simpson J at 22; Price J at 23
EX TEMPORE JUDGMENT DATE: 11 May 2009
1. Appeal allowed. DECISION: 2. Sentence imposed by Judge Garling quashed. In lieu thereof sentence the respondent to a non-parole period of two years three months commencing on 16 June 2008 and expiring on 15 September 2010, and a balance of the term of one year nine months. 3. The earliest date on which the respondent will be eligible for release for parole will be the 15 September 2010.
CATCHWORDS: CRIMINAL LAW — Sentencing — sentence reduced because of undertaking to provide assistance — assistance not provided — appeal pursuant to s 5DA of Criminal Appeal Act
LEGISLATION CITED: Crimes (Sentencing Procedure) Act Criminal Appeal Act
PARTIES: Regina CARRIAGE, Michael Stanley George
FILE NUMBER(S): CCA 2008/1762
COUNSEL: P Leask - Crown A Haesler SC - Respondent
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) - Crown S O'Connor (Legal Aid Commission) - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/1762
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 16 June 2008
IN THE COURT OF CRIMINAL APPEAL 2008/1762
JAMES J SIMPSON J PRICE J
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