NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Wilkinson [2004] NSWCCA 468 HEARING DATE(S) : 06/05/2004 JUDGMENT DATE : 20 December 2004
JUDGMENT OF : McColl JA at 1; Levine J at 2; Hidden J at 3 DECISION : Appeal allowed: sentenced to imprisonment for twelve years, non-parole period nine years, from 9 October 2002.
CATCHWORDS : CRIMINAL LAW - appeal against sentence - aggravated sexual intercourse without consent - two matters on Form 1 - whether judge had regard to standard non-parole period, not applicable to the case - whether proper approach to Form 1 matters - whether adequate weight given to plea of guilty, co-operation, poor health, protection Crimes Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act Criminal Appeal Act R v Wilkinson (CCA, unreported, 6 October 1983) R v Ohar [2004] NSWCCA 83 Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 14 R v McCarroll [1999] NSWCCA 237 CASES CITED : R v Thomson & Houlton (2000) 49 NSWLR 383 R v Ellis (1986) 6 NSWLR 603 R v L (CCA, unreported, 17 June 1996) R v Kain [2004] NSWCCA Veen v The Queen [No 2] (1988) 164 CLR 465 PARTIES : Regina (respondent) Ernest John Wilkinson (applicant) FILE NUMBER(S) : CCA 60013/04 COUNSEL : R Hulme SC (applicant) G Rowling (Crown) SOLICITORS : S O'Connor (applicant) S Kavanagh (respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/3029 FILE NUMBER(S) : LOWER COURT Maguire DCJ JUDICIAL OFFICER :
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