NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nanai v R [2010] NSWCCA 21
HEARING DATE(S): 1 February 2010
JUDGMENT DATE: 18 February 2010
JUDGMENT OF: Grove J at 1; Simpson J at 2; RA Hulme J at 57
DECISION: (1) Leave to appeal granted; (2) Appeal allowed, the sentence quashed, and in lieu thereof the applicant be sentenced to imprisonment for 4 years and 6 months made up of a non-parole period of 3 years and 4 months, commencing 11 May 2008 and expiring on 10 September 2011, with a balance of term of 14 months, expiring on 10 November 2012.
CATCHWORDS: CRIMINAL LAW – particular offences – property offences – robbery – circumstances of aggravation – inflict actual bodily harm – CRIMINAL LAW – appeal against sentence – failure to take into account requirements of s 22 Crimes (Sentencing Procedure) Act - explanation required where discretion to decline to allow reduction in respect of guilty plea is exercised - sentence manifestly excessive based on objective circumstances – parity ground rejected, disparity in sentences proportionate to culpability and personal circumstances – appeal allowed, applicant re-sentenced
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
CATEGORY: Principal judgment
McKibben v R [2007] NSWCCA 89 R v Cameron [2005] NSWCCA 357 CASES CITED : R v Sutton [2004] NSWCCA 225 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
PARTIES: Lotovale Nanai (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/14304
COUNSEL: S Beckett (Applicant) J Girdham (Respondent)
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