NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: BARTON v REGINA [2009] NSWCCA 164
HEARING DATE(S): 27 May 2009
JUDGMENT DATE: 25 June 2009
JUDGMENT OF: Giles JA at 1; Howie J at 29; Latham J at 30
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - declined to impose life sentence for murder pursuant to s 61(1) Crimes (Sentencing Procedure) Act 1999 - imposed determinate sentence which, when accumulated on other sentences, expired when offender 82 (non-parole) or 89 (total term) - length of sentences within range of discretion - submission that error in imposing defacto life sentence having declined as above - no error - meant only the qualified obligation in s 61(1) did not apply - other sentencing considerations remained - sentence must reflect objective seriousness - must be imposed even if extending for all or most of life expectancy.
CATEGORY: Principal judgment
Des Rosiers v R [2006] NSWCCA 16; (2006) 159 A Crim R 549; R v Chen [2003] NSWCCA 327; (2003) 138 A Crim R 433; R v Folbigg [2005] NSWCCA 23; (2005) 152 A Crim R 35; CASES CITED : R v Goebel-McGregor [2006] NSWCCA 390; R v Holyoak (1995) 82 A Crim R 82; Ta'ala v R [2008] NSWCCA 132. R v Merritt [2004] NSWCCA 19; (2004) 59 NSWLR 557;
PARTIES: James Harry Barton - Appellant The Crown - Respondent
FILE NUMBER(S): CCA 2005/3777
COUNSEL: A Francis - Appellant L Babb SC & M Rabsch - Crown
SOLICITORS: Steven O'Connor, Legal Aid Commission - Appellant S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: Supreme Court
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