NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dunn v R [2009] NSWCCA 10
HEARING DATE(S): 6 February 2009
JUDGMENT DATE: 25 February 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Adams J at 43
1.Leave to appeal against the sentences imposed by her Honour Judge English on 19 November 2007 granted. 2.Appeal against sentence allowed in the following respects:- DECISION: (a) Quash the sentence for the offence under s 33B of the Crimes Act and in lieu thereof impose a sentence of a non-parole period of three years commencing on 27 July 2007 and expiring on 26 July 2010 and a balance of the term of two years three months. (b) Quash the sentence for the offence under s 25(2) of the Road Transport (Driver Licensing) Act 1998. (c) The earliest date on which the applicant will be eligible for release on parole is 26 July 2010. 3.In all other respects confirm the sentences imposed by Judge English.
CATCHWORDS: CRIMINAL LAW — Sentencing — no question of principle
Crimes (Sentencing Procedure) Act Crimes Act LEGISLATION CITED: Criminal Procedure Act Road Transport (Driver Licensing) Act 1998 Road Transport (Safety and Traffic Management) Act 1999 Summary Offences Act
PARTIES: DUNN, Michael Anthony Regina
FILE NUMBER(S): CCA 2007/5742
COUNSEL: T S Corish - Appellant P A Leask - Respondent
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
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