NSW Caselaw
Reported Decision : (2002) 132 A Crim R 371
New South Wales Court of Criminal Appeal
CITATION : REGINA v DUDKO [2002] NSWCCA 336 FILE NUMBER(S) : CCA 60497/01 HEARING DATE(S) : 21 June 2002 JUDGMENT DATE : 20 August 2002
PARTIES : Regina (Respondent) Lucy Dudko (Appellant) JUDGMENT OF : Spigelman CJ at 1; Simpson J at 130; Blanch AJ at 131
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0680 LOWER COURT JUDICIAL Morgan DCJ OFFICER :
Appellant: In Person (Conviction) COUNSEL : S J Odgers SC (Sentence)
Crown: P E Barrett Appellant: SOLICITORS : David Giddy & Associates (Sentence)
Crown: S E O'Connor CATCHWORDS : CRIMINAL LAW - rescue of prisoner, hijack, detain for advantage - appeal against conviction - whether jury influenced by pre-trial media coverage - whether sufficient evidence for reasonable conviction - whether certain evidence correctly admitted - whether directions to jury adequate - CRIMINAL LAW - possession of firearms - appeal against conviction - whether co-offender required to testify - where issue was exclusive possession by co-offender - whether trial judge removed questions of fact from jury's consideration - CRIMINAL LAW - appeal against sentence - whether offender doubly punished - where use of force was element of two offences - whether parity with co-offender - comparison where co-offender sentenced for additional offences. Correctional Services Act 1952 LEGISLATION CITED : Crimes Act 1900 Evidence Act 1995 Firearms Act 1996 Environmental Protection Authority v Australian Iron & Steel Pty Ltd (1992) 28 NSWLR 502 Glennon v The Queen (1992) 173 CLR 592 Long v R [2002] QSC 54 Murphy v The Queen (1988) 167 CLR 94 Pearce v The Queen (1998) 194 CLR 610 CASES CITED: Pemble v The Queen (1971) 124 CLR 107 Queen v Apostilides (1984) 154 CLR 363 R v Bell, NSWCCA, 8 October 1998 (unreported) R v D'Arcy [2001] QCA 325 R v Killick [2002] NSWCCA 1 R v Milat, NSWCCA, 26 February 1998 (unreported) R v VPH, NSWCCA, 4 March 1994 (unreported) DECISION : Appeal dismissed.
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