Lewis v Rigby
[2021] NTSC 50
Citation 1
…NSWLR 346; R v Perry [1975] TAS SR 62 at 75; The Queen v Roe [2017] NTCCA 7; Warford v Firth [2017] NTSC 75; Whitehurst v The Queen [2011] NTCCA 11; Wilson v Taylor (1997) 113 NTR; referred to. Hogan v Hinch [2011] HCA 4; House v The King; Markarian v The Queen [2005] HCA 25; [1998] 4 VR 588; R v Miceli ; R v Whyte [200…
R v Douglas James Weldon
[2013] ACTSC 287
Citation 2
(Para 6)
…ng offence was trivial and the penalty imposed may be some indication of that ( Wilson v Taylor (1997) 113 NTR 1 at 8); whether the offences were committed late in the suspension period ( Brown v Western Australia [2009] WASCA 74). 21. On the other hand, it is said that the imposition of an immediate custodial sentence f…
Bukulaptji v The Queen
[2009] NTCCA 7
Citation 3
…ASR 303; Davies v Deverell (1992) 1 Tas R 214; Marston (1993) 60 SASR 320; Palliaer (1983) 35 SASR 569; R v Percy [1975] Tas SR 62; Wilson v Taylor (1997) 113 NTR 1, referred to R v Fernando [2002] NSWCCA 28; Lawrie v R (1992) 59 SASR 400; R v Vranic (NSWCCA, 7 May 1991, unreported), discussed REPRESENTATION: Counsel: Ap…
Hazelbane v Hales
[2006] NTSC 53
Citation 4
(Para 2)
…The factors to be considered when a court exercises its discretion to restore a suspended sentence of imprisonment were considered by Kearney J in Wilson v Taylor (1997) 113 NTR 1. His Honour stated, In general a magistrate considering the application of s 43(7) should address, inter alia, the following questions: whethe…
Glenn v Dixon
[2005] NTSC 33
Citation 5
…ed unless the court is of the opinion that it would be unjust to do so in the circumstances. See also Wilson v Taylor (1997) 113 NTR 1. [20] The learned sentencing magistrate had previously dealt with the appellant. On the earlier occasion he had endeavoured to fashion a sentence that enhanced the prospects for his rehab…
Szymanski v Andrew
[2005] NTSC 32
Citation 6
…n the exercise of his discretion pursuant to s 43(7) of the Sentencing Act. [4] The application of s 43(7) of the Sentencing Act was discussed in Wilson v Taylor (1997) 113 NTR 1. In that case Kearney J made various observations regarding the application of the section. He noted that it is not necessary to show any relat…
Paul Francis Tudor-Stack v Neville Ross Anderson
[2004] NTMC 17
Citation 7
…NG - suspended sentence - whether unjust to restore sentence in suspense - s 43 (7) Sentencing Act (NT); O'Brien v Quinn [2003] NTSC 99, unreported ; Wilson v Taylor (1997) 138 FLR 186 - successful completion of the Court Referral Evaluation Drug and Treatment Programme CREDIT (NT) - effect on sentence; R v Tyrone Shield…
Roper v Dore
[2000] NTCA 2
Citation 8
(Para 13)
…l take into account is whether a subsequent offence is different in its nature from the initial offence for which the suspended sentence was imposed: Wilson v Taylor (1987) 113 NTR 1. It was observed by Kearney J in that case that the Court may be justified in not restoring a sentence: “If the further offending is both o…