NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Murray [2001] NSWCCA 289 FILE NUMBER(S) : CCA 60731/96 HEARING DATE(S) : 17 July 2001 JUDGMENT DATE : 30 July 2001
PARTIES : Regina v James Francis Murray JUDGMENT OF : Stein JA at 1; O'Keefe J at 47; Simpson J at 48
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0812 LOWER COURT JUDICIAL Hosking DCJ OFFICER :
COUNSEL : J C Papayanni - Appellant (Murray) E A Wilkins - Respondent (Crown) SOLICITORS : Jeffreys & Associates - Appellant (Murray) S E O'Connor - Respondent (Crown) CATCHWORDS : CRIMINAL LAW - armed robbery - conspiracy to commit - essential agreement - means required to implement the agreement - CRIMINAL LAW - conspiracy - whether impossible to commit the offence - EVIDENCE - admissability of statements - whether 'verballed' by police - exercise of discretion - EVIDENCE - admission of listening device tapes - whether terms of indictment excludes tapes - CRIMINAL LAW - sentence - whether conduct of police informer mitigates sentence Evidence Act 1995 Criminal Appeal Rules 1952 LEGISLATION CITED : Criminal Appeal Act 1912 Criminal Procedure Act 1986 Crimes Act 1900 Ex Parte Bignell (1915) 32 WN (NSW) 91 CASES CITED: M v R (1994) 181 CLR 487 R v Dossi (1918) 13 Cr App R 158 R v Stringer [2000] NSWCCA 293 DECISION : 1) Appeal against conviction dismissed. 2) Leave granted to appeal against sentence. 3) Appeal against sentence dismissed.
IN THE COURT OF CRIMINAL APPEAL
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