NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nicholas v R [2010] NSWCCA 239
HEARING DATE(S): 2 September 2010
JUDGMENT DATE: 20 October 2010
JUDGMENT OF: Simpson J at 1; Hall J at 39; Garling J at 40
DECISION: (i) Leave granted to appeal against the sentence imposed for the offence of aggravated break out of premises; appeal allowed, sentence quashed; (ii) In lieu thereof, the applicant be sentenced to imprisonment with a non-parole period of 2 years and 6 months, commencing on 14 May 2012 and expiring on 13 November 2014, and a balance of term of 1 year and 6 months, expiring on 13 May 2016.
CATCHWORDS: CRIMINAL LAW – property offences – being in dwelling, larceny and breaking out in circumstances of aggravation - CRIMINAL LAW – appeal against severity of sentence – whether sentencing judge erred in finding that objective seriousness of aggravated steal and break out offence was above mid-range – offence not capable of being an offence of more than mid-range gravity – applicant's mental illness causally connected to offending which has a bearing on assessment of objective gravity: R v Way – head sentence disproportionate to non-parole period – error established
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
CATEGORY: Principal judgment
Pearce v The Queen [1998] HCA 57; 194 CLR 610 CASES CITED : R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168
PARTIES: Jason Wayne Nicholas (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/15454; 2009/38880; 2009/12769
COUNSEL: C Bruce SC (Applicant) J A Girdham (Respondent)
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