NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Rodric David BOOTH [2009] NSWCCA 89
HEARING DATE(S): 19 March 2009
JUDGMENT DATE: 6 April 2009
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 2; Howie J at 57
(1) The Crown appeal be upheld; DECISION: (2) the sentence imposed in the District Court on 12 December 2008 be quashed; (3) in lieu thereof the respondent be sentenced to imprisonment made up of a non-parole period of 6 months to commence on 6 April 2009 and expire on 5 October 2009, and a balance of term of 18 months, to expire on 5 April 2011. (4) direct that the respondent be released on parole at the expiration of the non-parole period on 5 October 2009.
CATCHWORDS: CRIMINAL LAW - sentence - child pornography - CRIMINAL LAW - Crown appeal against sentence - sentence manifestly inadequate - significance of general deterrence in sentencing process
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Gent [2005] NSWCCA 370; 162 A Crim R 29 CASES CITED : Assheton v R [2002] WASCA 209; 132 A Crim R 237 Mouscas v R [2008] NSWCCA 181 R v Thomsen; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
PARTIES: REGINA (Crown) Rodric David BOOTH (Respondent)
FILE NUMBER(S): CCA 2008/3058
COUNSEL: M Grogan (Crown) R S McIlwaine SC & J Davidson (Respondent)
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Crown) Herring & Associates - Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11/0805
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