NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Smith v R [2009] NSWCCA 17
HEARING DATE(S): 10 February 2009
JUDGMENT DATE: 27 February 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Adams J at 43
1. Leave to appeal against the sentence imposed on the applicant by Acting Judge Woods granted. DECISION: 2. Appeal against sentence allowed. 3.Sentence imposed by Acting Judge Woods quashed and in lieu thereof the applicant be sentenced to a non-parole period of two and a half years commencing on 25 March 2007 and expiring on 24 September 2009 and a balance of the term of two and a half years. 4. The earliest date on which the applicant will be eligible for release on parole will be 24 September 2009.
CATCHWORDS: CRIMINAL LAW — Sentencing — aggravated breaking and entering and committing a serious indictable offence — erroneous assessment of level of objective seriousness — sentencing discretion impermissibly confined
Crimes (Sentencing Procedure) Act LEGISLATION CITED: Crimes Act Mental Health (Criminal Procedure) Act
Mulato v R [2006] NSWCCA 282 CASES CITED : R v Way (2004) 60 NSWLR 168 Veen v The Queen (No 2) (1987-1988) 164 CLR 465 and 479 Vu v R [2006] NSWCCA 188
PARTIES: SMITH, William Roger Regina
FILE NUMBER(S): CCA 2008/188
COUNSEL: H L A Cox - Appellant J A Girdham - Respondent
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/61/0091
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate