NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Karel EEDENS v R [2009] NSWCCA 254
HEARING DATE(S): 10/09/2009
JUDGMENT DATE: 2 October 2009
JUDGMENT OF: Macfarlan JA at 1; Howie J at 2; Hislop J at 54
DECISION: The application for leave to appeal granted and the appeal allowed. The sentence imposed in the District Court is quashed and in lieu the applicant is sentenced to a term of imprisonment comprising a non-parole period of 6 years and 2 months with a balance of term of 2 years 1 month. The sentence is to date from 14 May 2007 and the applicant is eligible to be released to parole on 13 July 2013.
CATCHWORDS: Criminal Law - Sentence - sexual assault of child under 10 - plea of guilty - Form 1 - whether matters on Form 1 appropriate - whether sentence excessive.
LEGISLATION CITED: Crimes Act 1900 - ss 66A, 66C Crimes (Sentencing Procedure) Act 1999 - s 33
CATEGORY: Principal judgment
R v Todd [1982] 2 NSWLR 517 R v Borkowski [2009] NSWCCA 102 Shannon v R [2006] NSWCCA 39 Attorney General's Application No. 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 R v Grube [2005] NSWCCA 140 R v Way [2004] NSWCCA 131; 60 NSWLR 168 CASES CITED : MLP v R [2006] NSWCCA 271; 164 A Crim R 93 R v King [2009] NSWCCA 117 R v Knight [2007] NSWCCA 283; 176 A Crim R 338 R v Woods [2009] NSWCCA 55 R v AJP [2004] NSWCCA 434; 150 A Crim R 575 RJA v R [2008] NSWCCA 137 R v Davis [1999] NSWCCA 15 R v PGM [2008] NSWCCA 172
PARTIES: Karel Eedens v Regina
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