NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Gaudry, R v MacDonald [2010] NSWCCA 70
HEARING DATE(S): 16 February 2010
JUDGMENT DATE: 23 April 2010
JUDGMENT OF: James J at 1; Howie J at 79; Davies J at 80
On the appeal against the sentence imposed on the respondent MacDonald:- 1. Appeal allowed. 2. Sentence imposed by Judge Toner on 16 October 2009 quashed. 3. In lieu thereof, sentence the respondent to a non-parole period of one year nine months commencing on 16 October 2009 and expiring on 15 July 2011 and a balance of the term of seven months. DECISION: 4. Direct that (unless in custody for other reasons) the respondent be released on parole on 15 July 2011. On the appeal against the sentence imposed on the respondent Gaudry:- 1. Appeal allowed. 2. Sentence imposed by Judge Toner on 16 October 2009 quashed. 3. In lieu thereof, sentence the respondent to a non-parole period of one year six months commencing on 16 October 2009 and expiring on 15 April 2011 and a balance of the term of six months. 4. Direct that (unless in custody for other reasons) the respondent be released on parole on 15 April 2011.
CATCHWORDS: CRIMINAL LAW — Sentencing — Crown appeals against sentence — threatening to cause injury to witness in judicial proceedings — s 326(2) Crimes Act — offences committed in circumstances where offenders were likely to be apprehended — whether mitigating factor that offences were "stupid"
Crimes (Appeal and Review) Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act Crimes Act Criminal Appeal Act
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