NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Cheh [2009] NSWCCA 134
HEARING DATE(S): 4 February 2009
JUDGMENT DATE: 1 May 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 34; Adams J at 35
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - aggravated break and enter - Crown appeal - sentence manifestly inadequate - undue weight to subjective features of the respondent - appeal dismissed
Crimes Act 1900 LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Letteri (unreported, Court of Criminal Appeal, 18 March 1992) R v AJP [2004] NSWCCA 434; 150 A Crim R 575 R v Burton [2008] NSWCCA 128 R v Engert (1996) 84 A Crim R 67 CASES CITED : R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179 R v Knight; R v Bivanua NSWCCA (2007) 283]; 176 A Crim R 338 R v Wall [2002] NSWCCA 42 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Veen v The Queen [No 2] (1988) 164 CLR 465
PARTIES: The Crown (Appellant) Daniel Cheh (Respondent)
FILE NUMBER(S): CCA 2007/12624
COUNSEL: D Arnott SC (Crown/Appellant) A Francis (Respondent)
SOLICITORS: Director of Public Prosecutions (Appellant) Legal Aid Commission of NSW (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/3323
LOWER COURT JUDICIAL OFFICER: Ashford DCJ
LOWER COURT DATE OF DECISION: 29 August 2008
IN THE COURT OF CRIMINAL APPEAL 2007/12624
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