NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Mitten v R [2009] NSWCCA 103
HEARING DATE(S): 6 April 2009
JUDGMENT DATE: 14 April 2009
JUDGMENT OF: Grove J at 1; Howie J at 2; Buddin J at 3
1 Grant an extension of time for making an application for leave to appeal. 2 Grant leave to appeal. DECISION: 3 Allow the appeal. 4 Quash the sentence imposed in the District Court. 5 In substitution therefore, and taking into account the Form 1 matters, sentence the applicant to a non-parole period of 3 years to date from 8 August 2007 and to expire on 7 August 2010 on which date the applicant will be eligible for release on parole. The total term is one of 5 years which will expire on 7 August 2012.
CATCHWORDS: Sentencing - sexual intercourse without consent - Form 1 matters - offence committed whilst on bail - assessment of objective seriousness of offence - whether issue of "special circumstances" properly addressed
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Gallant v Regina [2006] NSWCCA 339 CASES CITED : R v Way (2004) 60 NSWLR 168 Smith v Regina [2009] NSWCCA 17
PARTIES: Finn Mitten (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/3613
COUNSEL: T Game SC/P Smart (Applicant) D Arnott SC (Crown) (Respondent)
SOLICITORS: Darryl Quigley Partners Lawyers (Applicant) S Kavanagh (Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/3613
LOWER COURT JUDICIAL OFFICER: Black DCJ
LOWER COURT DATE OF DECISION: 22/05/2008
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