NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: ALLEN v R [2010] NSWCCA 47
HEARING DATE(S): 16 March 2010 JUDGMENT OF: McClellan CJatCL at 1; Latham J at 2; Schmidt J at 30
EX TEMPORE JUDGMENT DATE: 16 March 2010
1. Leave to appeal granted. DECISION: 2. Appeal allowed in part. The sentence imposed on 11 February 2009 for the offence under s 86(1)(b) of the Crimes Act is quashed. 3. In lieu, a non parole period of 4 years is imposed, commencing 15 September 2008, expiring 14 September 2012, with a balance of term of 2 years expiring 14 September 2014.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - kidnapping of 5 year old boy for sexual gratification - factors relevant to assessment of objective gravity of offence - brief period of detention - sentence manifestly excessive - no error in exercise of discretion to partially accumulate sentences.
LEGISLATION CITED: Crimes Act 1900
R v Collett & Robson (NSWCCA, unreported, 7 June 1979) CASES CITED : R v Newell [2004] NSWCCA 183 R v Falls [2004] NSWCCA 335
PARTIES: David Walter Allen - Applicant Regina - (Crown) Respondent
FILE NUMBER(S): CCA 2008/19398
COUNSEL: W Hunt - Applicant J Dwyer - (Crown) Respondent
SOLICITORS: Steve O'Connor - Applicant S Kavanagh - (Crown) Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 11/02/2009
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 11 February 2009
IN THE COURT OF CRIMINAL APPEAL 2008/19398
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