NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: FARRELL, Michael Anthony v R [2009] NSWCCA 77
HEARING DATE(S): 25 March 2009 JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 2; Rothman J at 3
EX TEMPORE JUDGMENT DATE: 25 March 2009
(i) Leave to appeal be granted; DECISION: (ii) Appeal be dismissed.
CATCHWORDS: CRIMINAL LAW – appeal – sentence – two sentences for armed robbery – no issue of principle – complaint concerning totality of sentence when combined with sentence imposed by Local Court for break enter and steal to which the sentences under appeal are to be served consecutively – no identifiable or manifest error – leave to appeal granted, appeal dismissed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Pearce v R [1998] HCA 57; 194 CLR 610 CASES CITED : R v Ibrahim [2005] NSWCCA 43 Robertson v R [2009] NSWCCA 38
PARTIES: FARRELL, Michael Anthony (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/00008380
COUNSEL: A Cook SC (Applicant) P A Leask (Respondent)
SOLICITORS: Legal Aid (Applicant) Office of the Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/51/0213
LOWER COURT JUDICIAL OFFICER: Boulton ADCJ
LOWER COURT DATE OF DECISION: 7 December 2007
IN THE COURT OF CRIMINAL APPEAL 2006/00008380
McCLELLAN CJ at CL BUDDIN J ROTHMAN J
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