NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Camm v R [2009] NSWCCA 141
HEARING DATE(S): 7 May 2009
JUDGMENT DATE: 15 May 2009
JUDGMENT OF: Spigelman CJ at 1; James J at 2; Simpson J at 100
DECISION: Leave to appeal against sentence granted. Dismiss appeal against sentence.
CATCHWORDS: CRIMINAL LAW — Sentencing — parity of sentence with sentences of co-offenders — sentencing judge's findings of fact — co-offenders charged with different offences — apparent disparity the result of prosecutorial decisions
Commonwealth Crimes Act LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Code Act 1995 (Commonwealth)
Lowe v The Queen (1984) 154 CLR 606 Pham v R [2009] NSWCCA 25 Postiglione v The Queen (1996) 189 CLR 295 R v Formosa [2005] NSWCCA 363 CASES CITED : R v Kerr [2003] NSWCCA 234 R v Khouzame [2000] NSWCCA 505 R v Merritt (2004) 59 NSWLR 557 R v O'Donoghue (1988) 34 A Crim R 397 R v Todd (1982) 2 NSWLR 517 Yin v R [2007] NSWCCA 350
PARTIES: CAMM, Neil Gordon Regina
FILE NUMBER(S): CCA 2007/15419
COUNSEL: P Hamill SC / C Miralis - Appellant P Roberts SC / CA Webster - Respondent
SOLICITORS: Nyman Gibson Stewart - Appellant Commonwealth Director of Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0355
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
LOWER COURT DATE OF DECISION: 16 May 2008
IN THE COURT OF CRIMINAL APPEAL 2007/15419
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