NSW Caselaw
Reported Decision: 193 A Crim R 300
New South Wales Court of Criminal Appeal
CITATION: Charlesworth v Regina [2009] NSWCCA 27
HEARING DATE(S): 17/11/08
JUDGMENT DATE: 25 February 2009
JUDGMENT OF: Allsop P at 1; Kirby J; Hall J
(1) The appeal against conviction dismissed (2) The application for leve to appeal against sentence granted (3) The appeal allowed DECISION: (4) The sentences imposed upon the applicant by O'Connor DCJ on 4 May 2007 are quashed and, in lieu thereof, the applicant is sentenced as follows: Count 1: To a non parole period of 2 years commencing on 6 April 2006 and expiring on 5 April 2008, with a balance of term of 2 years commencing on 6 April 2008 and expiring on 5 April 2010 Count 2: To a non parole period of 2 years commencing on 6 April 2007 and expiring on 5 April 2009, with a balance of term of 2 years commencing on 6 April 2009 and expiring on 5 April 2011 The first date that the applicant will be eligible for parole is 6 April 2009.
CATCHWORDS: Criminal Law - appeal against conviction and sentence - joint criminal enterprise to rob - aid and abet detain for advantage - whether evidence in agreed facts capable of supporting charges - parity with sentences for co-offenders.
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v O'Neill [1979] 2 NSWLR 582; (1979) 1 A Crim R 59 R v Sagiv (1986) 22 A Crim R 73 at 81 Liberti (1991) 55 A Crim R 120 Osland v The Queen [1998] HCA 75: (1998) 197 CLR 316 Tangye (1997) 92 A Crim R 545 Stokes and Difford (1990) 51 A Crim R 25 Giorgianni v Regina (1985) 156 CLR 473 CASES CITED : Davis v Regina [2006] NSWCCA 392 R v Reid [1973] QB 299; (1972) 2 All ER 1350 R v Campbell and Brennan [1981] Qd R 516 R v MAK; MSK [2006] NSWCCA 381: (2006 167 A Crim R 159 Lowe v The Queen (1984) 154 CLR 606; (1984) 12 A Crim R 408 Postiglione v The Queen (1997) 189 CLR 295; (1997) 94 A Crim R 397 SZ v Regina [2007] NSWCCA 19; (2007) 164 A Crim R 249 MacDonald v Regina [2007] NSWCCA 105
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