NSW Caselaw
Reported Decision: 204 A Crim R 111
New South Wales Court of Criminal Appeal
CITATION: R v Barlow [2010] NSWCCA 215
HEARING DATE(S): 27 July 2010
JUDGMENT DATE: 22 September 2010
JUDGMENT OF: Allsop P at 1; Price J at 4; McCallum J at 8
i. Appeal allowed in part; DECISION: ii. Sentence imposed on 23 April 2010 quashed; iii. In lieu, sentenced to a non-parole period of 13 months 2 weeks to date from 8 May 2010 and expire 21 June 2011, with a balance of term of 15 months to date from 22 June 2011 and expire 21 September 2012, to be served by way of periodic detention.
CATCHWORDS: CRIME – sentencing – crown appeal – whether judge gave inadequate weight as to objective seriousness of offence – whether erred in taking into account the need not to deter parents from reporting unlawful conduct of their children – whether sentence manifestly inadequate – sentencing discretion properly exercised
Crimes (Sentencing Procedure) Act 1999 (NSW) LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v MacDonnell [2002] NSWCCA 34 R v Ellis (1986) 6 NSWLR 603 Ryan v R [2001] HCA 21; (2001) 206 CLR 267 CASES CITED : R v Knight, R v Biuvanua [2007] NSWCCA 283 R v Cheh [2009] NSWCCA 134 R v McEvoy [2010] NSWCCA 110 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575
PARTIES: Regina Gregory Peter Barlow
FILE NUMBER(S): CCA 2009/12010
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