NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DEVINE, Kane Mitchell v R [2009] NSWCCA 261
HEARING DATE(S): 2 October 2009
JUDGMENT DATE: 23 October 2009
JUDGMENT OF: Latham J at 1; Fullerton J at 2; Schmidt J at 31
1. The conviction entered in respect of the offence of dealing with property suspected of being the proceeds of crime is quashed and the matter remitted to the Local Court. DECISION: 2. Leave to appeal against the sentence imposed in respect of the charge of robbery is granted and the appeal is allowed. 3. The sentence imposed on the robbery is quashed and in lieu thereof a non-parole period of 12 months and a balance of term of 6 months is imposed. The sentence is to commence on 1 September 2008. The applicant is entitled to be released.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - dealing with property suspected of being the proceeds of crime - robbery - first charge is strictly a summary offence - no explicit reference to guilty plea in sentence
Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Drug Court Act 1998
Hosseini v R [2009] NSWCCA 52 Leslie v R [2009] NSWCCA 203 CASES CITED : Morris, Morris and Snelson v R [2008] NSWCCA 182 R v Lawrence [2005] NSWCCA 91 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
PARTIES: Kane Mitchell Devine (App) The Crown (Resp)
FILE NUMBER(S): CCA 2008/13155
COUNSEL: W Hunt (App) M Cinque (Resp)
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