NSW Caselaw
Reported Decision : (2002) 136 A Crim R 490
New South Wales Court of Criminal Appeal
CITATION : R v McIvor [2002] NSWCCA 490 FILE NUMBER(S) : CCA 60254/02 HEARING DATE(S) : 24 July 2002 JUDGMENT DATE : 10 December 2002
PARTIES : Regina v Nathan McIvor JUDGMENT OF : Heydon JA at 1; Levine J at 12; Carruthers AJ at 13
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 02/21/3191 01/21/3361 LOWER COURT JUDICIAL Moore ADCJ OFFICER :
COUNSEL : Mr G E Smith (Crown) Ms A Francis (Respondent) SOLICITORS : S E O'Connor (Crown) D J Humphreys (Respondent) CATCHWORDS : Criminal law - robbery in company - Crimes Act 1900 (NSW) s 97(1) - sentence - adequacy - Crown appeal - failure of Crown appeal against inadequacy of sentence imposed on co-offender - failure of that appeal turning on Crown delay in filing appeal - relevance to instant appeal - absence of objective or material subjective differences between circumstances of each offender - whether different sentences unjust LEGISLATION CITED : Crimes Act 1900 R v Hernando [2002] NSWCCA 489 CASES CITED: Lowe v R (1984) 154 CLR 606 R v Diamond (Court of Criminal Appeal, unreported, 18 February 1993) R v Steele (Court of Criminal Appeal, unreported, 17 April 1997) DECISION : Appeal dismissed
IN THE COURT OF CRIMINAL APPEAL 60254/02
HEYDON JA LEVINE J CARRUTHERS AJ
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