NSW Caselaw
Reported Decision : 59 NSWLR 538
New South Wales Court of Criminal Appeal
CITATION : R v Piltz [2004] NSWCCA 34 revised - 21/06/2004 HEARING DATE(S) : 26/02/04 JUDGMENT DATE : 26 February 2004
JUDGMENT OF : Levine J at 1; Barr J at 2; Buddin J at 45 DECISION : Dismiss the appeal against conviction; Grant leave to appeal against sentence but dismiss the appeal.
CATCHWORDS : Criminal law - firearms - whether proof of a charge that a loaded firearm was possessed "so as to" endanger life requires proof of an intent to endanger life - Criminal law - defence assertion that complainant lied - theory posited why complainant lied as asserted - whether direction like that suggested in R v Jovanovic necessary LEGISLATION CITED : Crimes Act 1900 s93G Criminal Appeal Act s6 Hardman v The Director of Public Prosecutions (NSW) [2003] NSWCA 130 CASES CITED : Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 355 R v Jovanovic (1997) 98 A Crim R 1 PARTIES : Regina Jeremy Kenneth Piltz FILE NUMBER(S) : CCA 60394/03 COUNSEL : Crown: E A Wilkins Appellant: S M Kluss SOLICITORS : Crown: S E O'Connor Appellant: R S James
LOWER COURT District Court JURISDICTION : LOWER COURT 02/51/0028 FILE NUMBER(S) : LOWER COURT Blackmore SC, DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60394/03
LEVINE J BARR J BUDDIN J
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