NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CAMPBELL-STEPHEN v REGINA [2010] NSWCCA 204
HEARING DATE(S): Wednesday 25 August 2010
JUDGMENT DATE: 14 September 2010
JUDGMENT OF: Basten JA at 1; Hall J at 2; Latham J at 52
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW- appeal- sentencing – sentencing judge wrongly excluded indirect provocation from the operation of s.21A (3) (c) of the Crimes (Sentencing Procedure) Act 1999 – appeal dismissed - CRIMINAL LAW- appeal- sentencing – failure of sentencing judge to give proper weight to provocation – appeal dismissed - CRIMINAL LAW- appeal- sentencing – sentencing judge erred in characterisation of the offence as mid range – appeal dismissed - CRIMINAL LAW- appeal- sentencing – sentence manifestly excessive – appeal dismissed
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED : Regina v Kenney [1983] 2 VR 470 Regina v Mitchell & Gallagher (2007) 11 A Crim R 94
PARTIES: Douglas George CAMPBELL-STEPHEN v REGINA
FILE NUMBER(S): CCA 2009/8207
COUNSEL: C: D Arnott SC A: I McClintock SC/M Coroneos
SOLICITORS: C: S Kavanagh A: Hanby & Associates
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/8207
LOWER COURT JUDICIAL OFFICER: Hock DCJ
LOWER COURT DATE OF DECISION: 30 October 2009
IN THE COURT OF CRIMINAL APPEAL 2009/8207
BASTEN JA HALL J LATHAM J
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