NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: HMP v R [2010] NSWCCA 63
HEARING DATE(S): 16 March 2010
JUDGMENT DATE: 23 April 2010
JUDGMENT OF: McClellan CJatCL at 1; Latham J at 2; Schmidt J at 3
DECISION: Leave to appeal against sentence refused.
CATCHWORDS: CRIMINAL LAW - appeal against sentences - whether sentencing Judge failed to assess where the offence at count 2 fell in the range in terms of objective seriousness - whether the test in relation to any departure from the standard non-parole period was wrongly articulated - whether sentencing Judge impermissibly had regard to the applicant's prior criminal record as an aggravating factor - whether sentencing Judge erred in finding the offences to be 'a series of criminal acts' and so an aggravating factor for purpose of s 21A (2)(m) of the Crimes (Sentencing Procedure) Act - whether sentencing Judge failed to have proper regard to the fact that the offence at count 1 and the two offences on the form 1 could have been dealt with in the Children's Court of New South Wales - whether other sentences were warranted in law - s 6 of the Criminal Appeal Act 1912 - lenient sentences - no error in sentences shown - leave to appeal against sentence refused
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Children (Criminal Proceedings) Act 1987
CATEGORY: Principal judgment
AJO v Regina [2008] NSWCCA 28 Kerr v Regina [2008] NSWCCA 133 McCullough v R [2009] NSWCCA 94 Phan v R [2010] NSWCCA 8 Porter v R [2008] NSWCCA 145 R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 CASES CITED : R v Janceski [2005] NSWCCA 228; (2005) 44 MVR 328 R v Knight; R v Biuvanua [2007] NSWCCA 283; (2007) 176 A Crim R 338 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Scott [2005] NSWCCA 152 R v Tadrosse [2005] NSWCCA 145; (2005) 65 NSWLR 740 Re Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1 of 2002) [2002] NSWCCA 518; (2002) 137 A Crim R 180 Regina v Palmer [2005] NSWCCA 349 Tapueluelu v R [2006] NSWCCA 113 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
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