NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dosen v R [2010] NSWCCA 283
HEARING DATE(S): 29 November 2010
JUDGMENT DATE: 29 November 2010
JUDGMENT OF: Hall J at 1; Latham J at 2; Price J at 3
EX TEMPORE JUDGMENT DATE: 29 November 2010
1. Leave to extend time to appeal be granted. DECISION: 2. Leave to appeal against sentence be granted. 3. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentencing - whether sufficient weight given to applicant's state of health - whether too much weight given to specific deterrence - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 s 33(1)(a), 35(2) Crimes (Sentencing Procedure) Act 1999 s 21A(3), s 44(2)
CATEGORY: Principal judgment
Markarian v R (2005) 228 CLR 357 R v Badanjak [2004] NSWCCA 395 CASES CITED : R v BJW (2000) 112 A Crim R 1 R v McNaughton [2006] NSWCCA 242 R v Rivkin (2004) 59 NSWLR 284 R v Smith (1987) 27 A Crim R 315
PARTIES: Steven Michael Dosen (Applicant) Crown (Respondent)
FILE NUMBER(S): CCA 2009/7780
COUNSEL: Mr T M Healey (Applicant) Mr P Ingram SC (Respondent)
SOLICITORS: Lambton Law (Applicant) S Kavanagh (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/7780
LOWER COURT JUDICIAL OFFICER: Walmsley SC DCJ
LOWER COURT DATE OF DECISION: Friday 30 October 2009
- 1 - IN THE COURT OF CRIMINAL APPEAL 2009/7780
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