NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Paese v R [2010] NSWCCA 178
HEARING DATE(S): 9 August 2010
JUDGMENT DATE: 2 September 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Davies J at 3
DECISION: (1) Leave to appeal granted. (2) Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - appeal against severity - break, enter and steal - use of statistics - comparison between offence charged and aggravated form of the offence - sentence imposed said to fall within appropriate sentence for aggravated form of the offence - no error shown.
LEGISLATION CITED: Crimes Act 1900 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Graham v R [2009] NSWCCA 212 In The Matter of the Attorney General's Application (No 1) under s 26 of the Criminal Appeal Act; R V Ponfield [1999] NSWCCA 435 CASES CITED : Markarian v R (2005) 228 CLR 35 R v Harris [2007] NSWCCA 130 R v Way (2004) 60 NSWLR 168
PARTIES: Patrick Paese (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/11700
COUNSEL: T Gartelmann (Applicant) V Lydiard (Respondent)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11700
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 13 February 2009
- 10 - IN THE COURT OF CRIMINAL APPEAL 2008/11700
MCCLELLAN CJ AT CL, JAMES & DAVIES JJ
2 SEPTEMBER 2010
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