Linney v R [2013] NSWCCA 251

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Linney v R [2013] NSWCCA 251 Hearing dates: 11 October 2013 Decision date: 05 November 2013 Before: Gleeson JA at [1] R A Hulme J at [2] Adamson J at [90] Decision: 1. Leave to appeal against sentence granted. 2. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW - sentence appeal - offence of threatening judicial officer - threats of death - no failure by sentencing judge to have regard to subjective features - range of conduct encompassed by the offence - stern sentence appropriate Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: King v R [2010] NSWCCA 33 Makarian v The Queen [2005] HCA 25; 228 CLR 357 R v Baker [2000] NSWCCA 85 R v David Linney [2012] NSWSC 1564 R v Dodd (1991) 57 A Crim R 349 R v GWM [2012] NSWCCA 240 Category: Principal judgment Parties: Darren Linney (Applicant) Regina (Respondent) Representation: Counsel: Mr G Heathcote (Applicant) Ms H Wilson SC (Crown) Solicitors: Proctor & Associates Solicitor for Public Prosecutions File Number(s): 2012/124787 Decision under appeal Jurisdiction: 9111 Citation: R v Darren Linney [2012] NSWSC 1564 Date of Decision: 2012-12-14 00:00:00 Before: Bellew J File Number(s): 2012/124787