NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v . WASSON [2004] NSWCCA 200 HEARING DATE(S) : 16/06/2004 JUDGMENT DATE : 3 August 2004
JUDGMENT OF : Bryson JA at 1; James J at 23; Kirby J at 24 DECISION : Leave to appeal granted. Appeal dismissed
CATCHWORDS : CRIMINAL LAW - appeal against sentence - conspiracy to defraud (false report that vehicle stolen with intention of false insurance claim) - applicant took leading part in conspiracy - applicant F aged 37 with several prior convictions including one for dishonesty - District Court sentence 2 yrs, NP 1-1/2 years. Consideration of - early plea of guilty - special circumstances - procedural fairness - whether sentence excessive. Leave granted, appeal dismissed. Crimes Act 1900, s.178BA LEGISLATION CITED : Justices Act 1900, s.51A Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 Criminal Appeal Act 1912 subs.6(3). R. v. Lewis [2003] NSWCCA 375 R. v. Thomson (2000) 49 NSWLR 383 CASES CITED : R v. Mason [2000] NSWCCA 207 Pantorno v. R (1989) 166 CLR 466 Champion v. R (1992) 64 A Crim R 244 Parker v. DPP (1992) 28 NSWLR 282 PARTIES : Regina v Tracey Lee Wasson FILE NUMBER(S) : CCA 60075 of 2004 COUNSEL : D. Frearson - Crown H. Cox - Applicant SOLICITORS : Solicitor for Public Prosecutions (Mr Couch) - Crown Legal Aid Commission (Mr Bryan Dowe) - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 03/31/0195 FILE NUMBER(S) : LOWER COURT English DCJ (Taree) JUDICIAL OFFICER :
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