NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v KEARNS [2003] NSWCCA 367 HEARING DATE(S) : 1 December 2003 JUDGMENT DATE : 1 December 2003
JUDGMENT OF : Spigelman CJ at 1; Dunford J at 78; Hidden J at 79 DECISION : Appeal dismissed.
CATCHWORDS : CRIMINAL LAW - corporate fraud - alleged apprehension of bias where trial judge presided over separate trials of two accused where corporate victim of fraud identical - no impact on impartiality of trial judge - effect of delay in process of investigation - sentencing - where trial judge sentencing under distinct Commonwealth and State regimes - where interconnecting sets of sentences - application of principle of totality. Corporations Act 2001 (Cth) s 1401 Corporations Law 1991 (Cth) ss 232, 596, 1317BA, 1317FA LEGISLATION CITED : Crimes Act 1900 ss 178BA, 178BB Crimes Act 1914 (Cth) ss 16A, 16G, 19AB Crimes (Sentencing Procedure) Act 1999 s 21A CASES CITED : Balic (No 2) (1994) 75 A Crim R 515 Johnson v Johnson (2000) 201 CLR 488 PARTIES : Regina (Respondent) James Gordon Kearns (Appellant) FILE NUMBER(S) : CCA 60270/03 COUNSEL : E Fullerton SC (Respondent) H Dhanji (Appellant) SOLICITORS : Commonwealth Director of Public Prosecutions (Respondent) Patrick Grimes & Co (Appellant)
LOWER COURT District Court JURISDICTION : LOWER COURT DCZ2538 FILE NUMBER(S) : LOWER COURT Dodd DCJ JUDICIAL OFFICER :
- 19 - IN THE COURT OF CRIMINAL APPEAL 60270/03
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