NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v. Shillingsworth [2003] NSWCCA 272 HEARING DATE(S) : 5 September 2003 JUDGMENT DATE : 26 September 2003
JUDGMENT OF : Meagher JA at 1; Sully J at 2; Smart AJ at 3 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal against sentence dismissed.
CATCHWORDS : Break and enter dwelling house knowing there were persons therein and having sexual intercourse without consent - Mental element involved in break and enter - - Appellant could not believe he had permission to enter home - Evidence of complaint and distress - Inconsistencies adequately mentioned in summing-up and use of evidence of distress - Sentence of 7 years with non parole period of 4 years not excessive. LEGISLATION CITED : Crimes Act 1900 Palmer v. The Queen (1998) 193 CLR 1. CASES CITED : R v. Fernando (1992) 76 A Crim R 58. R v. RJC, NSWCCA, unrep. 1 Oct 1998. Stone v R [1995] 84 A Crim R 278 PARTIES : Richard Frederick Brian Shillingsworth v Regina FILE NUMBER(S) : CCA 60197/2003 COUNSEL : Appellant: A. Francis Respondent: D. Howard SOLICITORS : Appellant: D. J. Humphreys Respondent: S. E. O'Connor
LOWER COURT District Court JURISDICTION : LOWER COURT 01/61/0138 FILE NUMBER(S) : LOWER COURT Finnane DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60197/2003
MEAGHER JA SULLY J SMART AJ
26th September 2003
REGINA v RICHARD FREDERICK BRIAN SHILLINGSWORTH JUDGMENT
1. MEAGHER JA: I agree with Smart AJ.
2. SULLY J: I agree with Smart AJ.
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