NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Simpson [2001] NSWCCA 239 FILE NUMBER(S) : CCA 60586/99 HEARING DATE(S) : 25/06/01 JUDGMENT DATE : 25 June 2001
PARTIES : Regina v George Adrian Simpson JUDGMENT OF : Barr J at 28; Howie J at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/1019 LOWER COURT JUDICIAL Nield DCJ OFFICER :
COUNSEL : G.E. Smith - Crown R.J. Button - Applicant SOLICITORS : S.E. O'Connor - Crown Sydney Regional Aboriginal Corporation Legal Service - Applicant CATCHWORDS : Criminal Law - Practice and Procedure - application of De Simoni principle - duty of prosecutor in relation to facts and material placed before the sentencing court. Crimes Act 1900 - ss 33B, 58, 111(1), 112(1), 148 LEGISLATION CITED : Justices Act 1902 - s 51A Crimes (Sentencing Procedure) Act 1999 - s 32 The Queen v De Simoni (1981) 147 CLR 383 R v Adorjany [1999] NSWCCA 37 CASES CITED: R v Engert (1996) 84 A Crim R 67 R v Fernando (1992) 76 A Crim R 58 R v Pitt [2001]NSWCCA 156 DECISION : Application for leave granted, appeal allowed and sentences quashed. In lieu on the first count and taking into account the matter on the Form 1 the applicant is sentenced to 3 years imprisonment with a non-parole period of 2 years. The sentence is to date from 13/4/99. On the second and third counts the applicant is sentenced to a fixed term of 18 months from 13/4/99 and which expired on 12/10/00.
IN THE COURT OF CRIMINAL APPEAL
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