NSW Caselaw
New South Wales Court of Criminal Appeal
REGINA v. PALMER [2005] NSWCCA 349 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): Thursday 13 October 2005
JUDGMENT DATE: 13 October 2005
JUDGMENT OF: Grove J at 28; Hall J at 1; Smart AJ at 29
DECISION: Leave to appeal granted; appeal dismissed
Criminal Appeal Act 1912 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Simpson (2001) 53 NSWLR 704
Crombie [1999] NSWCCA 297 LPY (2002) 136 A. Crim. R. 237 CASES CITED: El Masri [2005] NSWCCA 167 Doan (2000) 50 NSWLR 115 Depoma [2003] NSWCCA 382 Veen (No. 2) (1988) 164 CLR 465 Walker [2005] NSWCCA 109
REGINA v. PARTIES: PALMER, Michael James
FILE NUMBER(S): CCA 2005/1050
Crown: D. Woodburne COUNSEL: App: S. McNaughton
Crown: S. Kavanagh SOLICITORS: App: Steve O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/31/0179; 04/31/0180; 04/31/0399
LOWER COURT JUDICIAL OFFICER: English, DCJ.
IN THE COURT OF CRIMINAL APPEAL 2005/1050
GROVE, J. HALL, J. SMART, AJ.
THURSDAY 13 OCTOBER 2005 REGINA v. MICHAEL JAMES PALMER Judgment 1 HALL, J: By application dated 6 June 2005, the applicant, Michael James Palmer, seeks the leave of the Court pursuant to s.5(1)(c) of the Criminal Appeal Act 1912 to appeal the sentences imposed upon him by the District Court of New South Wales at Gosford (English, DCJ.) on 17 November 2004. 2 The applicant relies upon two grounds as follows:- "1. That the sentencing judge failed to take into account the fact that all the offences were capable of summary disposal. 2. The sentencing judge's treatment of the applicant's criminal history as an aggravating feature." 3 The Crown contends that no error, as claimed, was made and that, in any event, there is no basis, having regard to the relevant objective and subjective circumstances, for the formation of the opinion required by s.6(3) of the Criminal Appeal Act 1912, namely, that "some other sentence … is warranted in law and should have been passed": Regina v. Simpson (2001) 53 NSWLR 704; 126 A. Crim. R. 525 at [79].
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