NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: KAF v R [2009] NSWCCA 184
HEARING DATE(S): 22 June 2009
JUDGMENT DATE: 10 July 2009
JUDGMENT OF: Spigelman CJ at 1; McClellan CJatCL at 2; Johnson J at 26
1. Leave to appeal granted and the appeal upheld in part. DECISION: 2. The sentence imposed in relation to count 1 quashed and in lieu thereof the applicant is sentenced to a non-parole period of 5 years to date from 19 August 2007 and expire on 18 August 2012 with a balance of term of 3 years to expire on 18 August 2015. 3. The appeal is otherwise dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - imposition of fixed term of imprisonment where standard non parole period exists - non parole period required to be set - CRIMINAL LAW - appeal against sentence - determination of objective seriousness - offence characterised as within mid range of objective seriousness - whether sentencing judge erred in not considering the putative mid range offence and contrasting with the present offence - appeal dismissed
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
KC v R [2009] NSWCCA 110 R v Duffy [1999] NSWCCA 321 R v Hibberd [2009] NSWCCA 20 R v Huynh [2005] NSWCCA 220 CASES CITED : R v JCE [2000] NSWCCA 498; (2000) 120 A Crim R 18 R v King [2009] NSWCCA 117 R v Way (2004) 60 NSWLR 168 SGJ v R; KU v R [2008] NSWCCA 258 Vu v R [2006] NSWCCA 188
PARTIES: KAF (Applicant) The Crown
FILE NUMBER(S): CCA 2007/8954
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