NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Miria [2009] NSWCCA 68
HEARING DATE(S): 13 February 2009 JUDGMENT OF: Grove J at 1; Blanch J at 30; Latham J at 31
EX TEMPORE JUDGMENT DATE: 13 February 2009
DECISION: Crown appeal allowed. Respondent resentenced.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Crown appeal asserting inadequacy - Error by judge refusing to reflect general deterrence - Not mitigatory if offender does not seek to have plea of guilty to lesser offence when not disputing guilt of offence charged - Crown submission of inadequacy upheld
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v MAK & MSK [2006] NSWCCA 398 R v Radich (1954) NZLR 86 R v Rushby (1977) 1 NSWLR 594 CASES CITED : R v Sayin [2008] NSWCCA 307 R v Scognamiglio [1991] 56 A Crim R 81 R v Wong & Leung (1999) 48 NSWLR 340 Veen v The Queen (No 2) (1987-8) 164 CLR 465
PARTIES: REGINA - Appellant Lionel Timothy MIRIA - Respondent
FILE NUMBER(S): CCA 2008/11958
COUNSEL: V Lydiard - Appellant/Crown G R Heathcote with B Brassil - Respondent
SOLICITORS: Solicitor for Public Prosecutions - Appellant Burridge & Legg - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11958
LOWER COURT JUDICIAL OFFICER: Williams DCJ
LOWER COURT DATE OF DECISION: 7 November 2008
IN THE COURT OF CRIMINAL APPEAL 2008/11958
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