NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Quin [2009] NSWCCA 16
HEARING DATE(S): 12 December 2008
JUDGMENT DATE: 17 February 2009
JUDGMENT OF: Tobias JA at 1; James J at 2; Price J at 3
DECISION: Orders: (1) The sentence is set aside. (2) The conviction is confirmed. (3) The respondent is sentenced to a term of imprisonment of 5 years 6 months consisting of a non-parole period of 3 years 2 months commencing on 29 November 2007 and expiring on 28 January 2011 with a balance of term of 2 years 4 months commencing on 29 January 2011 and expiring on 28 May 2013. The earliest date on which the respondent will be eligible for release to parole is 28 January 2011.
CATCHWORDS: Criminal law - sentencing - Crown appeal - offence of maliciously inflict grievous bodily harm with intent - gang attack - departure from standard non-parole period - inappropriate double counting - rehabilitation - considerations of personal and general deterrence - sentence manifestly inadequate
Crimes Act 1900 s 33 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A(2)(c), s 44(1), s 44(2)
CATEGORY: Principal judgment
House v The King (1936) 55 CLR 499 R v Alameddine [2004] NSWCCA 286 R v Fidow [2004] NSWCCA 172 R v Gordon (1994) 71 A Crim R 459 CASES CITED : R v Heron [2006] NSWCCA 215 R v Johnson [2004] NSWCCA 140 R v Simpson (2001) 53 NSWLR 704 R v Wall [2002] NSWCCA 42 R v Way (2004) 60 NSWLR 168 Versluys v R [2008] NSWCCA 76
PARTIES: Regina Kayne Quin
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