NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Hill v R [2003] NSWCCA 16 revised - 28/11/2003 HEARING DATE(S) : 10/12/02 JUDGMENT DATE : 23 September 2003
JUDGMENT OF : Meagher JA at 1; Hulme J at 13; Hidden J at 83 DECISION : 1. Grant leave to appeal against sentence; ; 2. Allow the appeal against sentence; ; 3. Quash the sentence imposed on the Applicant by Ireland AJ on 2 November 2001; ; 4. Sentence the Applicant to imprisonment for 6 years, including a non-parole period of 4½ years, both such periods to commence on 25 May 2002.; On 28 November 2003 the Court corrected the order herein by substituting 25 May 2000 as the commencing date of the Applicant's imprisonment and non-parole periods.
CATCHWORDS : CRIMINAL LAW: Evidence - Credibility - Satisfaction of burden of proof - Findings in aggravation of sentence - Parity M v R (1994) 181 CLR 487 CASES CITED : Fox v Percy (2003) 77 ALJR 989 Beale v GIO of NSW (1997) 48 NSWLR 430 R v Wilkinson [1999] NSWCCA 248 Paul Geoffrey Hill PARTIES : v Regina FILE NUMBER(S) : CCA 60739 of 2001 COUNSEL : Applicant: C B Craigie SC, C Loukas Crown: E Wilkins SOLICITORS : Applicant: Sydney Regional Aboriginal Corporation Legal Service Crown: S E O'Connor
LOWER COURT Supreme Court JURISDICTION : LOWER COURT SC 70036 of 2001 FILE NUMBER(S) : LOWER COURT Ireland AJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL CCA 60739 of 2001
MEAGHER JA HULME J HIDDEN J
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