NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v LP [2010] NSWCCA 154
HEARING DATE(S): 12 July 2010
JUDGMENT DATE: 21 July 2010
JUDGMENT OF: Hodgson JA at 1; Whealy J at 2; Buddin J at 3
1 Allow the appeal. 2 Quash the sentences imposed in the District Court. DECISION: 3 In respect of count 2, the respondent is sentenced to a non-parole period of 2 years with a total term of 4 years imprisonment to date from 14 November 2008. The sentence will expire on 13 November 2012. 4 In respect of count 1, and taking into account the matters on the Form 1, the respondent is sentenced to a non-parole period of 3 years with a total term of 5 years and 6 months imprisonment to commence on 14 May 2009. The sentence will expire on 13 November 2014. 5 The respondent will be eligible for release on parole on 13 May 2012.
CATCHWORDS: CRIMINAL LAW - sentencing - Crown appeal - whether sufficient regard paid to standard non-parole period - whether discount for assistance appropriate
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
R v Hunter [2010] NSWCCA 54 R v McEvoy [2010] NSWCCA 110 R v Nicholson [2010] NSWCCA 80 CASES CITED : R v Parkinson [2010] NSWCCA 89 R v Sukkar (2006) 172 A Crim R 151 R v Tran [2010] NSWCCA 72 RWB v R; R v RWB [2010] NSWCCA 147
PARTIES: Regina LP
FILE NUMBER(S): CCA 2009/11590
COUNSEL: P Miller (Crown) C Davenport SC (Respondent)
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