NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Parkinson [2010] NSWCCA 89
HEARING DATE(S): 24 Septembeer 2009
JUDGMENT DATE: 7 May 2010
JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 58; Hall J at 59
1. Crown appeal allowed. 2. Sentences imposed in the District Court quashed. DECISION: 3. The respondent is sentenced as follows: On count 1 to a non-parole period of 6 years commencing on 9 December 2008 expiring on 8 December 2014 with a balance of term of 2 years expiring on 8 December 2016. On count 2 to a non-parole period of 4 years and six months commencing on 9 December 2010 and expiring on 8 June 2015 with a balance of 3 years expiring on 8 June 2018. On count 3 to a non-parole period of 4 years and 6 months commencing on 9 December 2010 and expiring on 8 June 2015 with a balance of term of 3 years expiring on 8 June 2018.
CATCHWORDS: CRIMINAL LAW - Crown appeal - whether sentence imposed in manifestly inadequate - whether the sentencing judge erred in the findings made regarding objective seriousness of the offence - adequacy of reasons for not imposing the standard non-parole period - whether sentencing judge erred in imposing wholly concurrent sentences - circumstances where failure by prosecutor to assist judge in sentence will constitute error in sentence
Drug Misuse and Trafficking Act 1995 Firearms Act 1996 LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Graham v R [2008] NSWCCA 309 KC v R [2009] NSWCCA 110 Ku v R [2008] NSWCCA 258 R v Chan [1999] NSWCCA 103 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434 R v Burgess [2006] NSWCCA 319 R v Chad unreported 13 May 1997 NSWCCA R v Dang [2005] NSWCCA 430 CASES CITED : R v JW [2010] NSWCCA 49 R v Knight; R v Biuvanua [2007] 176 A Crim R 338 R v Mills [2005] NSWCCA 175 R v Mulato [2006] NSWCCA 282 R v Truong [2006] NSWCCA 318 R v Walker [2005] NSWCCA 109 R v Wall (2002) NSWCCA 42 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 SCJ v R [2008] NSWCCA 258
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