NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Walsh [2004] NSWCCA 435 HEARING DATE(S) : 16/11/2004 JUDGMENT DATE : 8 December 2004
JUDGMENT OF : Sully J at 1; Hidden J at 2; Howie J at 3 DECISION : The appeal against conviction is dismissed. Leave to appeal against sentence is granted but the appeal is dismissed.
CATCHWORDS : Criminal Law - Applicant relied upon fresh evidence to show that he was sentenced on erroneous factual basis - evidence rejected as no miscarriage of justice - no error in the imposition of sentence. LEGISLATION CITED : Crimes Act (Cth) - s 19A, 29D CASES CITED : R v Goodwin (1990) 51 A Crim R 328 R v Fordham (1998) 98 A Crim R 359 PARTIES : Regina v Kerry Michael Walsh FILE NUMBER(S) : CCA 2004/1737 COUNSEL : D. Staehli - Crown J. Young - Applicant SOLICITORS : Commonwealth Director of Public Prosecutions - Crown John Carmody & Co. - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0113 FILE NUMBER(S) : LOWER COURT Christie DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1737
SULLY J HIDDEN J HOWIE J
WEDNESDAY 8 DECEMBER 2004 REGINA v KERRY MICHAEL WALSH Judgment 1 SULLY J: I agree with Howie J. 2 HIDDEN J I agree with Howie J. 3 HOWIE J: On 11 July 2003 the applicant was arraigned in the District Court on an indictment containing ten counts alleging that he had defrauded the Commonwealth contrary to s 29D of the Crimes Act (Cth). Each offence carried a maximum penalty of imprisonment for 10 years. Each of the charges related to dishonest conduct in relation to the applicant's payment of income tax both on his personal income and that of a company of which he was a director. On his pleading guilty to four of those charges, the Crown accepted the pleas in discharge of the indictment. 4 The applicant was next before the District Court on 24 July 2003 when he appeared before Judge Christie QC for sentence. On that date the Crown tendered an agreed statement of facts, evidence was led on the applicant's behalf and counsel addressed. The matter was then stood over to the 30 July 2003 when Christie DCJ imposed sentence upon the applicant as follows:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate