NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: JC v R [2010] NSWCCA 67
HEARING DATE(S): 13 April 2010 JUDGMENT OF: Handley AJ at 40; Grove J at 1; Hislop J at 39
EX TEMPORE JUDGMENT DATE: 13 April 2010
Leave to appeal against sentence granted. DECISION: Appeal allowed in part. Appellant resentenced.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Juvenile aged 15 - Parity with sentence on co-offender - Any sense of grievance not justified - Judge misinformed that standard non-parole period applicable - Express reference to this when assessing sentence - Material error which must have operated adversely to offender
Crimes (Appeal and Review) Act 2001 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
Baxter v The Queen (2007) 173 A Crime R 284 Douar v The Queen (2005) 159 A Crim R 154 CASES CITED : GAS and SJK v The Queen (2004) 217 CLR 198 R v JW [2010] NSWCCA 49 R v Wright [2009] NSWCCA 3
PARTIES: JC - Appellant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2008/12870
COUNSEL: C Loukas with S O'Campo - Appellant F Veltro - Respondent/Crown
SOLICITORS: S O'Connor, Legal Aid Commission - Appellant S Kavanagh, Solicitor DPP - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11/0839
LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ
LOWER COURT DATE OF DECISION: 27 March 2009
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