NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Frahm v R [2009] NSWCCA 249
HEARING DATE(S): 24 September 2009
JUDGMENT DATE: 24 September 2009
JUDGMENT OF: McClellan CJatCL at 21; Buddin J at 1; Hall J at 22
1 Grant leave to appeal. DECISION: 2 Allow the appeal and quash the sentence imposed in the District Court. 3 In substitution therefore, sentence the applicant to a non-parole period of 2 years to commence on 1 April 2008 and to expire on 31 March 2010 with a total term of 3 years 3 months to expire on 30 June 2011. 4 The applicant is eligible for release to parole on 31 March 2010.
CATCHWORDS: Appeal - Criminal law - sentencing - assault with intent to rob in company - significant criminal history - treatment of guideline judgment in R v Henry - whether sentence manifestly excessive
CATEGORY: Principal judgment
Legge v R [2007] NSWCCA 244 R v Black [2001] NSWCCA 41 R v Henry (1999) 46 NSWLR 346 R v Lesi [2005] NSWCCA 63 CASES CITED : R v Murchie [1999] 108 A Crim R 482 R v Osborne [2001] NSWCCA 371 R v Perese (2001) 126 A Crim R 508 R v Stanley [2003] NSWCCA 233 R v Thomson and Houlton (2000) 49 NSWLR 383 Veen v The Queen (No2) (1988) 164 CLR 465
PARTIES: Mark Robert Frahm Regina
FILE NUMBER(S): CCA 2008/10544
COUNSEL: Ms H Cox (Applicant) Ms V Lydiard (Crown)
SOLICITORS: S O'Connor (Solicitor for Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
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