NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. GARLICK [2003] NSWCCA 398 revised - 6/02/2004 HEARING DATE(S) : Thursday 18 December 2003 JUDGMENT DATE : 18 December 2003
JUDGMENT OF : Sully J at 1/24; Greg James J at 1; Adams J at 27 DECISION : Appeal allowed; verdict of acquittal entered.
CATCHWORDS : Criminal law - appeal - sexual offences against boys - long delay in complaint - directions as to effect of delay inadequate - error conceded - error amounts to miscarriage - proviso cannot be applied - whether to order new trial or acquittal - sentence substantially served - little if any corroboration - offences over 30 years old - discretion to order new trial not exercised - convictions and sentences quashed - later sentences cumulative on sentences set aside - commencement date of sentences on those matters varied so that all custody served applied to those offences. LEGISLATION CITED : Criminal Appeal Act 1912 Crampton (2000) 206 CLR 161 CASES CITED : DPP (Nauru) v. Fowler (1984) 154 CLR 627 King (1986) 161 CLR 423 Longman (1979) 168 CLR 79 PARTIES : REGINA v. GARLICK, Maxwell Henry FILE NUMBER(S) : CCA No. 60371/03; No. 60372/03 COUNSEL : Crown: E. Wilkins App: R. Burgess SOLICITORS : Crown: S. Kavanagh App: S. O'Connor
LOWER COURT District Court JURISDICTION : LOWER COURT 98/41/0298; 01/21/0089 FILE NUMBER(S) : LOWER COURT Moore, DCJ; Puckeridge, DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL No. 60371 of 2003 No. 60372 of 2003
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