NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Allan v Regina [2010] NSWCCA 213
HEARING DATE(S): 17 September 2010
JUDGMENT DATE: 17 September 2010
JUDGMENT OF: Simpson J at 1; Hoeben J at 2; Price J at 3
EX TEMPORE JUDGMENT DATE: 17 September 2010
1. Grant leave to appeal DECISION: 2. Allow the appeal. 3. The sentence imposed in the District Court on 1 May 2009 be quashed. 4. The applicant is sentenced to imprisonment for a non-parole period of 2 years commencing on 3 April 2009 and expiring on 2 April 2011. I set a balance of term of 1 year 3 months which is to commence on 3 April 2011 and is to expire on 2 July 2012.
CATCHWORDS: CRIMINAL LAW - sentencing - where sentence imposed for an offence more serious than the charged offence - Crown concession of error - re-sentence
LEGISLATION CITED: Crimes Act 1900 s 112(1), s 112(2), s105A(1)(f), s 105A(2A) Criminal Appeal Act 1912 s 6(3)
CATEGORY: Principal judgment
Baxter v The Queen [2007] NSWCCA 237 Morrison v R [2009] NSWCCA 211 CASES CITED : R v Harris [2007] NSWCCA 130 R v McNaughton [2006] NSWCCA 242 R v Ponfield [1999] NSWCCA 435
PARTIES: Bernard Allan Regina
FILE NUMBER(S): CCA 2007/11836
COUNSEL: Ms C Loukas and Ms M Pringle (Applicant) Ms V Lydiard (Repondent)
SOLICITORS: Ms S Hopkins (Aboriginal Legal Service) Mr S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: McGuire ADCJ
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