NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Weribone v R [2018] NSWCCA 172 Hearing dates: 8 June 2018 Date of orders: 08 June 2018 Decision date: 03 August 2018 Before: White JA at [1]; Bellew J at [17]; Wilson J at [18] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – Application for leave to appeal against sentence – asserted error in conclusion of fact – question of availability to applicant at time of sentence of admission to mothers and children programme in custody – question of manifest excess - meaning of the word "may" in s 3A Crimes (Sentencing Procedure) Act – role of specific and general deterrence – submission that deterrence only relevant where individual efficacy of it proved rejected Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Bugmy v R [2013] HCA 37; (2013) 249 CLR 571 Markarian v The Queen [2005] HCA; (2005) 228 CLR 47 R v Dube (1987) 46 SASR 118 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Wong (1999) 48 NSWLR 340; [1999] NSWCCA 420 Texts Cited: Bagaric and Edrey, "The Sentencing Advisory Commission and the Hope of Smarter Sentencing": Current Issues in Criminal Justice, Vol 16 No. 2 (2004) 125
Chief Justice Bathurst, "Beyond the Stocks – a Community Approach to Crime", Keynote address to the Legal Aid Conference, 1 August 2012
Justice Harrison, "Sentencing Conference Speech, Australian National University, 8 February 2008
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