NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Valera [2002] NSWCCA 50 revised - 17/04/2002 FILE NUMBER(S) : CCA 60050 of 2001 HEARING DATE(S) : 18/02/02 JUDGMENT DATE : 12 April 2002
Regina PARTIES : v Mark Mala Valera JUDGMENT OF : Meagher JA at 1; Wood CJ at CL at 11; Bell J at 16
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : SC 70039/99 LOWER COURT JUDICIAL Studdert J OFFICER :
COUNSEL : Applicant: A C Haesler Crown: R D Cogswell SC & B Baker SOLICITORS : Applicant: Sydney Regional Aboriginal Corporation Legal Service Crown: S E O'Connor CATCHWORDS : Criminal Law - application for leave to appeal against severity of sentence - whether life imprisonment was the appropriate sentence - leave granted to appeal - appeal dismissed. Bell v Regina (1985) 2 NSWLR 466 Garforth (unreported CCA NSW 23/05/94) CASES CITED: Twala (unreported CCA NSW 04/11/94) Fernando [1999] NSW CCA 66 Harris (2000) 50 NSWLR 409 R v Bell (1985) 2 NSWLR 466 DECISION : 1. Grant leave to appeal; 2. Dismiss the appeal.
IN THE COURT OF CRIMINAL APPEAL CCA 60050 of 2001 SC 70039 of 1999
MEAGHER JA WOOD CJ at CL BELL J
Friday, 12 April 2002 Mark Mala Valera v REGINA
FACTS V, the appellant, had been found guilty of two counts of murder and was sentenced to life imprisonment. He sought leave to appeal against the severity of his sentence by challenging the 2-step reasoning process adopted by the trial judge.
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