NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: AWKO v R [2010] NSWCCA 90
HEARING DATE(S): 22 March 2010
JUDGMENT DATE: 7 May 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 26; Rothman J at 27
DECISION: 1. Grant leave to appeal. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - whether sentencing judge failed to make a proper finding regarding objective seriousness of offence - circumstances where error in sentence may lead to imposition of new sentence in Court of Criminal Appeal - whether sentencing judge erred in reasons for departing from standard non-parole period - whether irrelevant and inaccurate material was taken into account in sentencing - whether sentence was manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007
CATEGORY: Principal judgment
Eedens v R [2009] NSWCCA 254 MLP v R [2006] NSWCCA 271; 164 A Crim R 93 R v Knight, R v Biuvanua [2007] NSWCCA 283 R v Mitchell, R v Gallagher [2007] NSWCCA 296 CASES CITED : R v Pearson [2005] NSWCCA 116 R v PGM (2008) 187 A Crim R 152 R v Russell (unreported, NSWCCA, 21 June 1996) Rawlings v R [2006] NSWCCA 84 RJA v R [2008] NSWCCA 137
PARTIES: AWKO (appellant) The Crown
FILE NUMBER(S): CCA 2008/20488
COUNSEL: W Hunt (Appellant) J Girdham (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appellant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/20488
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