Brendan White v R [2009] NSWCCA 118

New South Wales Court of Criminal Appeal

CITATION: Brendan White v R [2009] NSWCCA 118

HEARING DATE(S): 21 April 2009

JUDGMENT DATE: 23 April 2009

JUDGMENT OF: Grove J at 1; Howie J at 2; RA Hulme J at 3

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - sentence - relevant factors - suspended sentence - time spent in custody

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

R v Deeble, unreported, CCA, 19 September 1991 CASES CITED : R v Leete [2001] NSWCCA 337; (2001) 125 A Crim R 37 R v McHugh (1985) 1 NSWLR 588 R v Newman, R v Simpson [2004] NSWCCA 102; (2004) 145 A Crim R 361

PARTIES: Brendan WHITE Regina

FILE NUMBER(S): CCA 2006/10353

COUNSEL: Ms A Francis - Appellant Ms J Dwyer - Crown

SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/31/0431

LOWER COURT JUDICIAL OFFICER: Hock J

LOWER COURT DATE OF DECISION: 25 September 2008

IN THE COURT OF CRIMINAL APPEAL 2006/10353

GROVE J HOWIE J RA HULME J

THURSDAY 23 APRIL 2009 Brendan Bradley WHITE v REGINA Judgment

1 GROVE J: I agree with the reasons expressed by R A Hulme J for the orders made by the Court on 21 April in which I joined. 2 HOWIE J: For the reasons given by R A Hulme J, I join in the order made by the Court dismissing the appeal. 3 RA HULME J: At the conclusion of the hearing of this matter the Court made orders granting leave to appeal but dismissing the appeal. These are my reasons for joining in those orders.