NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: John Roy Withers v R [2009] NSWCCA 133
HEARING DATE(S): 27 April 2009
JUDGMENT DATE: 1 May 2009
JUDGMENT OF: Grove J at 1; Buddin J at 2; RA Hulme J at 3
DECISION: Leave to appeal is granted. The appeal is allowed. The sentence is quashed and in lieu the applicant is sentenced to a term of imprisonment comprising a non-parole period of 2 years 8 months with a balance of the term of the sentence of 1 year 10 months. Such sentence to date from 26 March 2007 with the applicant becoming eleigible for release on parole on the expiration of the non-parole period on 25 November 2009.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - parity - robbery in company - appellant received same sentence as co-offender - culpability for offence equal - mental illness rendering custodial experience more harsh a factor warranting lesser sentence - co-offender on bond at time of offence - Crown concession to sentencing judge that appellant had stronger subjective case
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Delfino v R [2008] NSWCCA 18 Fisher v R [2008] NSWCCA 103 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1996-1997) 189 CLR 295 CASES CITED : R v Engert (1995) 84 A Crim R 67 R v Hemsley [2004] NSWCCA 228 R v Swan NSWCCA 47 Regina v Szabo [2003] NSWCCA 341 Veen (No 2) v The Queen (1988) 164 CLR 465
PARTIES: John Roy WITHERS Regina
FILE NUMBER(S): CCA 2007/6948
COUNSEL: Ms H Cox (Applicant) Mr P Miller (Crown)
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