NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Puhakka v R [2009] NSWCCA 290
HEARING DATE(S): 4 December 2009
JUDGMENT DATE: 10 December 2009
JUDGMENT OF: Macfarlan JA at 1; Blanch J at 2; Johnson J at 19
DECISION: (1) On first count grant leave to appeal, quash sentence imposed and instead impose sentence of 2 years fixed term to date from 30 April, 2009; (2) On second count and taking into account matter on Form 1, grant leave to appeal, quash sentence imposed and impose a non-parole period of 2 years to commence 30 April, 2009 and a balance of term of 1 year. Order his release to parole on 29 April, 2011.
CATCHWORDS: CRIMINAL LAW - sentence - child pornography - special circumstances
LEGISLATION CITED: Crimes Act (NSW) 1900, s91H(3) Child Protection (Offenders Prohibition Orders) Act 2004
CATEGORY: Principal judgment
R v Rodric David Booth [2009] NSWCCA 89 Saddler v R [2009] NSWCCA 83 R v Gent (2005) 162 A Crim R 29 Power v the DPP, NSWDC unreported 19 July 2007 CASES CITED : Mouscas v R [2008] NSWCCA 181 R v Leonard [2008] NSWDC 211 R v Elliott [2008] NSWDC 238 R v Jones [2009] NSWDC 8 Sivell v R [2009] NSWCCA 286
PARTIES: Marcus Puhakka (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/16243
COUNSEL: S Wilkinson (Applicant) N Noman (Respondent)
SOLICITORS: Hancock Alldis & Roskov (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
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