Regina v Fisher [2002] NSWCCA 188

Reported Decision : (2002) 54 NSWLR 467

New South Wales Court of Criminal Appeal

CITATION : Regina v Fisher [2002] NSWCCA 188 revised - 16/07/2002 FILE NUMBER(S) : CCA 60092/01 HEARING DATE(S) : 14 May 2002 JUDGMENT DATE : 14 May 2002

PARTIES : Regina (Respondent) Sondra Ann Fisher (Appellant) JUDGMENT OF : Stein JA at 1; Kirby J at 40; Carruthers AJ at 41

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/1157 LOWER COURT JUDICIAL O'Reilly DCJ OFFICER :

COUNSEL : T S Corish (Appellant) G I Rowlings (Respondent) SOLICITORS : D J Humphreys (Appellant) S E O'Connor (Respondent) CATCHWORDS : CRIMINAL LAW - appeal against conviction - common assault - whether common assault is an indictable offence - whether District Court has jurisdiction to deal with charge of common assault - statutory construction and interpretation - appeal against severity of sentence - parity of sentence with co-offender - whether sentence was manifestly excessive - D Crimes Act 1900, s 61 LEGISLATION CITED : Criminal Appeal Act 1912, s 6(3) Criminal Procedure Act 1986, s 3, s 7(2), s 8, s 18, s 20(2), Table 2 to Sch 1, Div 3 Interpretation Act 1987, s 21, s 33, s 35 R v Cook [2002] NSWCCA 140 CASES CITED: R v Pearce [1998] HCA 57 R v Simpson [2001] NSWCCA 534 DECISION : 1) Extend time to lodge appeal against conviction on common assault s 61 Crimes Act 2) Appeal against conviction in (1) dismissed 3) Leave to appeal against sentence granted 4) Appeal against sentence dismissed.