NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Crystal Lee ENGLAND v R, Sackda PHANITH v R [2009] NSWCCA 274
HEARING DATE(S): 28/10/2009
JUDGMENT DATE: 11 November 2009
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Fullerton J at 71
DECISION: Applicant England - Leave to appeal is granted but the appeal is dismissed. Applicant Phanith - Extension of time to apply for leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Criminal Law - Appeal - Sentencing - Robbery in company - Phanith - whether judge erred in fact finding - parity with co-offender England - parity with co-offender - whether sentence excessive.
LEGISLATION CITED: Criminal Procedure Act 1986 - s 166 Crimes Act 1900 - ss 86(2)(a), 97(1)
CATEGORY: Principal judgment
R v Henry (1999) 46 NSWLR 346
CASES CITED : Lowe v The Queen [1984] HCA 46; 154 CLR 606 Postiglione v The Queen [1997] HCA 26; 189 CLR 295 R v Taudevin [1996] 2 VR 402
PARTIES: Crystal Lee England v R, Sackda (Simon) Phanith v R
FILE NUMBER(S): CCA 2007/11467; 2007/12840
V Lydiard - Crown COUNSEL: R Burgess - Applicant England W Barber - Applicant Phanith
S Kavanagh - Crown SOLICITORS: S O'Connor - Applicant England C Hammond - Applicant Phanith
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/11467; 2007/21/3188
LOWER COURT JUDICIAL OFFICER: Sides DCJ, King DCJ
LOWER COURT DATE OF DECISION: 19/05/2008, 24/10/2008
IN THE COURT OF CRIMINAL APPEAL 2007/11467 2007/12840
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate