NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ridgeway v R [2016] NSWCCA 184 Hearing dates: 8 August 2016 Decision date: 23 August 2016 Before: Payne JA at [1]; RA Hulme J at [57]; Adamson J at [58]. Decision: (1) Leave to appeal granted.
(2) Appeal allowed.
(3) Quash the sentence for the offence against s 112(2) of the Crimes Act committed on 26 or 27 October 2012 imposed on 1 May 2015 in the District Court.
(4) In lieu thereof, for the offence against s 112(2) of the Crimes Act committed on 26 or 27 October 2012, the applicant be sentenced to a period of imprisonment of 3 years commencing on 5 November 2014 and expiring on 4 November 2017, comprising a non-parole period of 2 years commencing on 5 November 2014 and expiring on 4 November 2016, and a balance of term of 12 months expiring on 4 November 2017.
(5) The applicant is to be released on parole at the end of the non-parole period. Parole is to be subject to the standard conditions prescribed under the Crimes (Administration of Sentences) Act 1999 including as to supervision by the Probation and Parole Service. Catchwords: CRIMINAL – Appeal – Sentence – whether sentence manifestly excessive – break and enter with intent to commit larceny – delay in prosecution Legislation Cited: Crimes Act 1900 (NSW) ss 112, 117 Criminal Appeal Act 1912 (NSW) s 5 Crimes (Sentencing Procedure) Act 1999 (NSW) s 9 Cases Cited: Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58 Blanco v R [1999] NSWCCA 121; 106 A Crim R 303 Delaney v R; R v Delaney [2013] NSWCCA 150; 230 A Crim R 581 Hili v The Queen; Jones v The Queen [2010] HCA 45; 244 CLR 520 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Campbell [2014] NSWCCA 102 R v Gay [2002] NSWCCA 6; 49 ATR 78 R v Schwabegger [1998] 4 VR 649 R v Van Ryn [2016] NSWCCA 1 Sabra v R [2015] NSWCCA 38 Category: Principal judgment Parties: Bradley (aka Koesha) Ward Ridgeway (applicant) Regina (respondent) Representation: Counsel: Ms H Cox (applicant) Mr H Baker (Crown)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate