NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Binnie v R [2010] NSWCCA 14
HEARING DATE(S): 14 December 2009
JUDGMENT DATE: 16 February 2010
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 29; Hidden J at 30
1. Leave to appeal granted and appeal upheld. DECISION: 2. The sentence appealed from is quashed. 3. In lieu the applicant is sentenced to a period of imprisonment of 3 years and 6 months commencing on 6 October 2007 and expiring on 5 April 2011 with a balance of term of 2 years and 6 months to date from 6 April 2011 and expire on 5 October 2013.
CATCHWORDS: CRIMINAL LAW - sentence - non-parole period or minimum term - aggravating or mitigating factors - CRIMINAL LAW - sentence - relevant factors - nature and circumstances of offender - mental disorder - CRIMINAL LAW - appeal - appeal against sentence - grounds for interference - sentence manifestly excessive or inadequate
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Du Randt v R [2008] NSWCCA 121 Leach v R (2008) NSWCCA 73 R v Anderson (1981) VR 155; (1980) 2 A Crim R 279 CASES CITED : R v Fahda (1999) NSWCCA 267 R v Israil (2002) NSWCCA 255 R v Letteri (unreported, NSWCCA 18 March 1992) R v Pitt [2005] NSWCCA 304
PARTIES: Michael Binnie (Applicant) The Crown
FILE NUMBER(S): CCA 2008/3083
COUNSEL: G Bashir (Applicant) F Veltro (Crown)
SOLICITORS: Uther Webster & Evans (applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
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