NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Thorpe v Regina [2010] NSWCCA 261
HEARING DATE(S): 9/11/10
JUDGMENT DATE: 30 November 2010
JUDGMENT OF: Simpson J at 1; Kirby J at 6; Schmidt J at 50
1. Leave to appeal granted. DECISION: 2. The appeal allowed. 3. The sentence imposed by Sorby DCJ on 11 August 2009 quashed and, in lieu thereof the applicant sentenced to a term of 3 years imprisonment with a non parole period to date from 24.1.10 to 23.7.11 and an additional term of 1 year 6 months to expire on 23.1.13. The applicant is to be admitted to parole on 23.7.11.
CATCHWORDS: CRIMINAL LAW - sentence appeal - special circumstances - two episodes within a month - delay in charging second offence - sentencing judge on second episode found special circumstances - only adjusted later sentence - error - should have taken account of total sentence.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
CATEGORY: Principal judgment
R v Bolamatu [2002] NSWCCA 454 Regina v LWP [2003] NSWCCA 215 Lupton v Regina [2003] NSWCCA 200 R v Keen [2004] NSWCCA 86 R v So [2004] NSWCCA 362 R v Ibrahim [2005] NSWCCA 43 CASES CITED : Robertson v R [2009] NSWCCA 38 Clarke v R [2009] NSWCCA 49 Jamie Peter Dolman v R [2010] NSWCCA 137 R v Cramp [2004] NSWCCA 264 R v Todd (1982) 2 NSWLR 517 Mill v The Queen (1988) 166 CLR 59 Cicekdag v Regina [2007] NSWCCA 218
PARTIES: Tamara Lee Thorpe (App) Regina (Resp/Crown)
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