NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v HENNESSY [2001] NSWCCA 36 revised - 28/02/2001 FILE NUMBER(S) : CCA 60703/99 HEARING DATE(S) : 5/10/00 JUDGMENT DATE : 27 February 2001
PARTIES : Regina Peter James Hennessy JUDGMENT OF : Spigelman CJ at 1; O'Keefe J at 6; Barr J at 47
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/41/0021 LOWER COURT JUDICIAL Payne DCJ OFFICER :
COUNSEL : J C Papayanni (Appellant) L M B Lamprati (Crown) SOLICITORS : Brock Partners (Appellant) S E O'Conner (Crown) CATCHWORDS : ARMED ROBBERY - two counts - application for separate trials not granted - similar fact evidence - photographic evidence admitted - directions - special caution - ss115 and 116 Evidence Act 1995 - photograph taken at scene of crime not within ambit of sections - identification evidence - possession of hand gun - LARCENY OF A MOTOR VEHICLE - two counts - APPEAL AGAINST SENTENCE - retribution, deterrence and protection of society LEGISLATION CITED : Evidence Act 1995 Hoch v The Queen (1998) 165 CLR 292 Martin v Osborne (1936) 55 CLR 367 CASES CITED: Pfennig v The Queen (1995) 182 CLR 461 R v Malcolm John McDonald (NSW CCA 12 October 1998, unreported) Sutton v The Queen (1984) 152 CLR 528 Veen v The Queen (No 2) (1988) 164 CLR 465 DECISION : Appeal against conviction dismissed; Appeal against sentence dismissed.
IN THE COURT OF CRIMINAL APPEAL
60703/99 SPIGELMAN CJ O'KEEFE J BARR J
Tuesday 27 February 2001
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