NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MJ v R, CPD v R [2010] NSWCCA 52
HEARING DATE(S): 22 March 2010
JUDGMENT DATE: 23 April 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Rothman J at 69
For each applicant:- DECISION: 1. Grant leave to appeal. 2. Dismiss appeal against sentence.
CATCHWORDS: CRIMINAL LAW — Sentencing — robbery in company inflicting grievous bodily harm — children — standard non-parole period does not apply to children — Children (Criminal Proceedings) Act s 6 — offenders nearly 18 years old — assistance to authorities — s 21A(3)(n) Crimes (Sentencing Procedure) Act — medical condition of offender
Children (Criminal Proceedings) Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act Crimes Act
KT v R (2008) 182 A Crim R 571 R v AN [2005] NSWCCA 239 R v Bus (Court of Criminal Appeal, 3 November 1995, unreported) CASES CITED : R v Gallagher (1991) 23 NSWLR 220 R v Henry (1999) 46 NSWLR 346 R v LNT [2005] NSWCCA 307 R v Smith (1987) 44 SASR 587
MJ - Appellant PARTIES: CPD - Appellant The Crown - Respondent
FILE NUMBER(S): CCA 2008/18244; 2008/18246
T M Healey - for CPD COUNSEL: P Strickland SC - for MJ J Girdham - Crown
Z Vasiljevic - Solicitor for CPD SOLICITORS: S O'Connor (Legal Aid Commission) - for MJ S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/18244; 2008/18246
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