NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nathan McIVOR v R [2010] NSWCCA 7
HEARING DATE(S): 17/12/2009
JUDGMENT DATE: 12 February 2010
JUDGMENT OF: Tobias JA at 1; Hidden J at 4; Howie J at 5
DECISION: The application for leave is granted and the appeal allowed in part. The sentence for count 1 is confirmed. In respect of count 2 the term of 7 years, made up of a non-parole period of 4 years 6 months and a balance of term of 2 years 6 months, is confirmed but is to date from 14 August 2009 with the non-parole period to expire on 13 February 2014. In respect of count 3 the sentence is quashed and in lieu a term of 7 years is imposed to commence on 14 August 2010 and made up of a non-parole period of 4 years 3 months to expire on 13 November 2014 and a balance of term of 2 years 9 months from 14 November 2014.
CATCHWORDS: Criminal Law - Sentence - multiple armed robberies - whether sentence manifestly excessive
CATEGORY: Principal judgment
Cavanagh v R [2009] NSWCCA 174 CASES CITED : TS v R [2007] NSWCCA 194 Qing An [2007] NSWCCA 53 R v Antecki [2001] NSWCCA 312
PARTIES: Nathan McIvor v Regina
FILE NUMBER(S): CCA 2007/15914
COUNSEL: P Leask - Crown P Boulten SC - Applicant
SOLICITORS: S Kavanagh - Crown J Krajcik - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/11/0364
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 05/12/2008
IN THE COURT OF CRIMINAL APPEAL 2007/15914
TOBIAS JA HIDDEN J HOWIE J
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