NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GARLAND v REGINA [2009] NSWCCA 217
HEARING DATE(S): 5 August 2009
JUDGMENT DATE: 31 August 2009
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; McCallum J at 4
DECISION: (1) Leave to appeal granted. (2) Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – sentencing – appeal against sentence – offender pleaded guilty to all charges – whether applicant properly represented during sentencing hearing – whether sentence manifestly excessive – extra curial punishment – backdating sentence to time of arrest – whether greater discount should have been given – extent of discount – sentence lenient in the circumstances – appeal dismissed
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
Callaghan v R [2006] NSWCCA 58; (2006) 160 A Crim R 145 CASES CITED : R v Ah-See [2004] NSWCCA 202 Van Cuong Nyuyen v R [2008] NSWCCA 322 Yi Hong Puan v R [2000] NSWCCA 194
PARTIES: Wayne GARLAND (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2008/13811
COUNSEL: In Person (Applicant) Ms N Norman (Respondent)
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/13811
LOWER COURT JUDICIAL OFFICER: Graham ADCJ
LOWER COURT DATE OF DECISION: 6 November 2008
- 12 - IN THE COURT OF CRIMINAL APPEAL 2008/13844
McCLELLAN CJ at CL HOWIE J McCALLUM J
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