NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cassidy v R [2012] NSWCCA 68 Hearing dates: 17 April 2012 Decision date: 23 April 2012 Before: Basten JA at [1] Blanch J at [10] Beech-Jones J at [31] Decision: (1) Grant leave to appeal against the sentence. (2) Quash the sentence and non-parole period imposed in the District Court. (3) Sentence the applicant to a non-parole period of nine years with a balance of term of three years to date from 30 September 2009. (4) He will be eligible for release to parole on 29 September 2018. Catchwords: CRIMINAL LAW - sentencing - taking into account a circumstance of aggravation which was element of uncharged offence - whether uncharged offence more serious - application of The Queen v De Simoni
CRIMINAL LAW - appeal - standard non-parole period - sentencing for a more serious offence Legislation Cited: Criminal Code (WA) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bourke v R [2010] NSWCCA 22; 199 A Crim R 38 Einfeld v Regina [2010] NSWCCA 87; 200 A Crim R 1 McCullough v R [2009] NSWCCA 94; 194 A Crim R 439 Muldrock v R [2011] HCA 39; 85 ALJR 1154 The Queen v De Simoni [1981] HCA 31; 147 CLR 383 Category: Principal judgment Parties: Sean Cassidy (Applicant) Regina (Respondent) Representation: Counsel:
I Nash (Applicant) F Veltro (Respondent) Solicitors:
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