NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Pettersen; R v Bendt; R v Fell [2009] NSWCCA 91
HEARING DATE(S): 9 March 2009
JUDGMENT DATE: 6 April 2009
JUDGMENT OF: Grove J at 1; Blanch J at 70; Price J at 71
DECISION: Appeal dismissed (Pettersen) Appeals allowed, respondents resentenced (Fell and Bendt)
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Crown appeals asserting inadequacy - In the cases of two offenders judge makes specific reductions to qualify them for Drug Court programme - In so doing sentences lowered beneath range - Offenders not qualified for programme in any event - Restoration to assessed sentence before reduction - Third offender dealt with separately for offence which for erroneous cause not dealt with on Form 1 - Adjustment not required - In particular circumstances Crown appeal dismissed
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Court Act 1998
CATEGORY: Principal judgment
AG's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 Callaghan v R [2006] NSWCCA 58 CASES CITED : Dinsdale v The Queen (2000) 202 CLR 321 English v R [2008] NSWCCA 134 R v Kaiva, unreported, NSWCCA 9 November 1998
REGINA - Appellant PARTIES: Neil Andrew PETTERSEN - Respondent Gregory BENDT - Respondent Christopher James FELL - Respondent
FILE NUMBER(S): CCA 2008/9771; 2008/9774`; 2008/9772
V Lydiard - Crown/Appellant COUNSEL: R Burgess - Respondent/Pettersen J Trevallion - Respondent/Bendt H Cox - Respondent/Fell
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