NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: PMW v R [2009] NSWCCA 34
HEARING DATE(S): 11 February, 2009
JUDGMENT DATE: 11 February 2009
JUDGMENT OF: Grove J at 1; Blanch J at 2; Kirby J at 17
EX TEMPORE JUDGMENT DATE: 11 February 2009
DECISION: Leave granted to appeal. Appeal allowed. Quash sentences imposed in District Court. Instead applicant sentenced to non-parole period of 2 years 9 months to date from 8 June, 2006 and a balance of term of 2 years 9 months. Direct sentence be served in a Juvenile Justice institution. Eligible for release to parole on 7 March, 2009.
CATCHWORDS: Criminal Law - robbery in company with wounding - parity of sentence
Crimes Act, 1900, s98 LEGISLATION CITED: Children (Criminal Proceedings) Act 1987, s19(1) Children (Detention Centres) Act 1987, s28
CATEGORY: Principal judgment
PARTIES: PMW (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/7227
COUNSEL: J Stratton SC (Applicant) P Miller (Respondent)
SOLICITORS: S E O'Connor, Legal Aid Commission of NSW S Kavanagh, Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/61/0082
LOWER COURT JUDICIAL OFFICER: Woods ADCJ
LOWER COURT DATE OF DECISION: 15 November, 2006
LOWER COURT MEDIUM NEUTRAL CITATION: Regina v PMW
IN THE COURT OF CRIMINAL APPEAL
2006/7227
GROVE J BLANCH J KIRBY J
Wednesday 11 February 2009
PMW v Regina
JUDGMENT
1 GROVE J: We are in a position to give judgment in this matter and Justice Blanch will give that judgment.
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