NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Marsh [2002] NSWCCA 151 FILE NUMBER(S) : CCA 60869/01; 60874/01 HEARING DATE(S) : 29/04/02 JUDGMENT DATE : 29 April 2002
Regina PARTIES : v Stuart Cecil Marsh JUDGMENT OF : Meagher JA at 1, 40; Hidden J at 15; Bell J at 39
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : SC 70013/01 LOWER COURT JUDICIAL McClellan J OFFICER :
COUNSEL : Applicant: M C Ramage QC Crown: D M L Woodburne SOLICITORS : Applicant: Brezniak Neil-Smith & Co Crown: S E O'Connor CATCHWORDS : Crown appeal against inadequacy of sentence - whether the trial judge failed to reflect the total criminality of the respondent - whether the trial judge failed to observe principles in Pearce v The Queen - whether sentences be served concurrently - appeal against inadequacy of sentence dismissed. Application for leave to appeal against severity of sentence - whether sentence of 13 years for manslaughter was manifestly excessive - leave to appeal against sentence allowed - appeal dismissed. LEGISLATION CITED : Crimes Act 1900 s19 CASES CITED: Pearce v The Queen (1994) 144 CLR 610 R v Simpson (2001) NSWCCA 534 DECISION : Appeal against inadequacy of sentence dismissed. Leave to appeal against severity of sentence allowed; appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL CCA 60869/01 CCA 60874/01
MEAGHER JA HIDDEN J BELL J
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