NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v William John Melhuish [2002] NSWCCA 85 FILE NUMBER(S) : CCA 60217/2001 HEARING DATE(S) : 8 March 2002 JUDGMENT DATE : 8 March 2002
PARTIES : Regina William John Melhuish JUDGMENT OF : Stein JA at 43; O'Keefe J at 39; Buddin J at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0806 LOWER COURT JUDICIAL Shillington DCJ OFFICER :
COUNSEL : GI Rowling (Crown) DN Stewart (Applicant) SOLICITORS : SE O'Connor (Crown) Ross Hill & Associates (Applicant) CATCHWORDS : Possession of firearms - denied knowledge of same - alleged error in failure to exclude finding of gun holster - Rule 4 - affidavit from trial counsel - proviso considered - application for leave to appeal against severity of sentence - cumulative sentence Criminal Appeal Act 1912 (NSW) LEGISLATION CITED : Drugs Misuse and Trafficking Act 1985 Evidence Act Firearms Act 1996 Pemble v The Queen (1971) 124 CLR 107 R v BD (1997) 94 A Crim R 131 CASES CITED: R v Glennon (1993) 179 CLR 1 R v Meier NSWCCA unreported, 21 May 1996 Wilde v R (1988) 164 CLR 365 DECISION : Appeal against conviction dismissed. Leave to appeal granted. Appeal against sentence dismissed.
IN THE COURT OF CRIMINAL APPEAL 60217/01
STEIN JA O'KEEFE J BUDDIN J
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