NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Rudd [2010] NSWCCA 71 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 April 2010
JUDGMENT DATE: 21 April 2010
JUDGMENT OF: Beazley JA at 1; Grove J at 46; Hislop J at 54
DECISION: The appeal is dismissed.
CATCHWORDS: SENTENCE – Crimes Act 1900, s 33 – malicious wounding with intent - SENTENCE – Crown appeal – departure from standard non-parole period - SENTENCE – plea of guilty – standard non-parole period – guide to sentence - SENTENCE – double counting – finding of special circumstances and order that sentence be served by way of periodic detention – error in approach of sentencing judge
Commons Management Act 1989 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
Clinton v R [2009] NSWCCA 276 House v R [1936] HCA 40; (1936) 55 CLR 499 R v AEM [2002] NSWCCA 58 R v Burnett (1996) 85 A Crim R 76 CASES CITED : R v Fidow [2004] NSWCCA 172 R v Hallocoglu (1992) 29 NSWLR 67 Regina v Jenkins [2006] NSWCCA 412 R v Miria [2009] NSWCCA 68 R v Slack [2004] NSWCCA 128 R v Way [2004] NSWCCA 131; 60 NSWLR 168
PARTIES: Regina (Appellant) William James Rudd (Respondent)
FILE NUMBER(S): CCA 2008/8000
COUNSEL: P Leask (Appellant/Crown) DC McCallum (Respondent)
SOLICITORS: Solicitor for Public Prosecutions (Crown)
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