R v Hunter [2010] NSWCCA 270

R v Hunter [2010] NSWCCA 270

Leave to appeal was granted, the District Court sentences were quashed, and fixed terms were imposed for each offence commencing on 13 March 2009 and expiring on 23 November 2010, resulting in the applicant's immediate release.

Jurisdiction
Australia
Judgment Date
23 November 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted; sentences imposed in the District Court quashed; fixed terms imposed in lieu; applicant to be released immediately.
Legal Topics
['appeal Against Sentence' 'form 1 Document' 'fixed Term Sentence' 'immediate Release']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'form 1 Document' 'fixed Term Sentence' 'immediate Release']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 []

Ratio Decidendi

Leave to appeal was granted, the District Court sentences were quashed, and fixed terms were imposed for each offence commencing on 13 March 2009 and expiring on 23 November 2010, resulting in the applicant's immediate release.

Court Disposition

Leave to appeal granted; sentences imposed in the District Court quashed; fixed terms imposed in lieu; applicant to be released immediately.

Orders

  • ['Leave to appeal is granted.' 'The sentences imposed in the District Court are quashed.' 'In lieu of the sentences imposed, the applicant is sentenced, in respect of each offence, taking into account on the first offence the matter in the Form 1 document, a fixed term commencing on 13 March 2009 and expiring 23...