NSW Caselaw
Reported Decision: 193 A Crim R 292
New South Wales Court of Criminal Appeal
CITATION: Glover v R [2009] NSWCCA 48
HEARING DATE(S): 27 February 2009
JUDGMENT DATE: 27 February 2009
JUDGMENT OF: Grove J at 35; Buddin J at 1; Price J at 38
1 Grant leave to appeal. DECISION: 2 Allow the appeal. 3 Quash the sentence imposed in the District Court. 4 In substitution therefore sentence the applicant to a non-parole period of 8 years to commence on 3 December 2006 with a total term of imprisonment of 12 years to commence on 3 December 2006. The total term will expire on 2 December 2018 and the non-parole period will expire on 2 December 2014 on which date the applicant will be eligible for release on parole.
CATCHWORDS: Criminal law - sentencing - aggravated sexual intercourse without consent - actual bodily harm inflicted - whether offence fell into worst category - whether sentence was manifestly excessive
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Boney v R [2008] NSWCCA 165 R v AEM (Snr), KEM and MM [2002] NSWCCA 58 CASES CITED : R v Twala (unrep, 4 November 1994, NSWCCA) R v Way (2004) 60 NSWLR 168 Veen v The Queen (No2) (1988) 164 CLR 465
PARTIES: Timothy Kaleb Glover (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/7895
COUNSEL: J Manuell (Applicant) N Noman (Respondent)
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/51/0061
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