NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Dixon; R v Pearce; R v Pearce [2009] NSWCCA 179
HEARING DATE(S): 29 April 2009
JUDGMENT DATE: 8 July 2009
JUDGMENT OF: Grove J at 1; Buddin J at 52; Price J at 53
Dixon: Crown appeal dismissed. DECISION: Adel Pearce: Crown appeal against sentence allowed. Resentenced. Jamal Pearce: Crown appeal against sentence allowed. Resentenced.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentences - Maliciously inflict grievous bodily harm with intent and affray - Crown appeals asserting inadequacy - Separate considerations applicable to three offenders - Inadequacy demonstrated in respect of two offenders - Error in using standard non-parole period as a guide for initial assessment of total sentence - In two cases respondent resentenced
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
Carroll v The Queen [2009] HCA 13; [2009] 83 ALJR 579 CASES CITED : R v Donovan 1934 2 KB 498 R v Way (2004) 60 NSWLR 168
REGINA - Appellant PARTIES: Cameron DIXON - Respondent Adel Benjamin PEARCE - Respondent Jamal PEARCE - Respondent
FILE NUMBER(S): CCA 2008/3279; 2008/3243; 2008/3280
V Lydiard - Crown/Appellant COUNSEL: P Strickland SC - Respondent/Dixon M Dennis - Respondent/Adel Pearce A Francis - Respondent/Jamal Pearce
SOLICITORS: Solicitor for Public Prosecutions - Crown/Appellant Legal Aid Commission - Respondents
LOWER COURT JURISDICTION: District Court
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