NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Wood v Regina [2001] NSWCCA 228 FILE NUMBER(S) : CCA 60755/00 HEARING DATE(S) : 12 June 2001 JUDGMENT DATE : 20 June 2001
PARTIES : Mark James Wood v Regina JUDGMENT OF : Smart AJ at 1; Newman AJ at 1; Badgery-Parker AJ at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/41/0274 LOWER COURT JUDICIAL Twigg DCJ OFFICER :
COUNSEL : (A) H Dhanji (C) P G Berman SC SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Evidence possibly unreliable - accomplice - informal admission - identification - adequacy of warnings and directions to jury - points not taken at trial - no miscarriage of justice - evidence sufficient to support conviction. - Sentencing - parity of sentences - sentence reduced. LEGISLATION CITED : Crimes Act 1900, s117 Evidence Act 1995, s165 Lowe v The Queen (1984) 154 CLR 606 CASES CITED: M v The Queen (1994) 64 ALJR 83 Postiglione v The Queen (1997) 71 ALJR 875 R v Williams (1999) 104 A Crim R 260 DECISION : 1. Appeal against conviction dismissed; 2. Leave to appeal against sentence granted. Appeal upheld, sentence quashed; in lieu thereof the appellant is sentenced to imprisonment for two years to commence 16 November 2000 and expire on 15 November 2002 with a non-parole period of eight months expiring 15 July 2001. The appellant is to be released on parole on that latter date.
IN THE COURT OF CRIMINAL APPEAL
60755/00 SMART AJ NEWMAN AJ BADGERY-PARKER AJ Wednesday, 20 June 2001
MARK JAMES WOOD v REGINA
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