NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v ABS [2005] NSWCCA 255
HEARING DATE(S): 20/07/2005
JUDGMENT DATE: 20 July 2005
JUDGMENT OF: Brownie AJA at 33; Buddin J at 1; Latham J at 34
DECISION: 1. Appeal allowed. 2. The order imposed in the District Court is quashed. 3. The matter is remitted to the District Court to be relisted before the sentencing judge in order that the sentencing proceedings can be resolved as soon as is practicably possible.
CATCHWORDS: Crown appeal - order pursuant to s 11 of the Crimes (Sentencing Procedure) Act 1999 - serious offences of sexual misconduct upon offender's stepdaughter
Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Pre-Trial Diversion of Offenders Act 1985 (NSW)
Attorney-General's Application under S 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146. R v Alamedinne [2005] NSWCCA 68 R v BJW (2000) 112 A Crim R 1 R v Burchell (1987) 34 A Crim R 149 at 150-1 R v CJP [2004] NSWCCA 188 CASES CITED: R v Fisher (1989) 40 A Crim R 442 R v Holyoak (1995) 82 A Crim R 502 R v Palu [2002] 134 A Crim R 174 R v Smith (1993) 69 A Crim R 47 R v Trindall (2002) 133 A Crim R 119
Regina PARTIES: ABS
FILE NUMBER(S): CCA 2005/811
P Miller (Crown) COUNSEL: W Hadley (Respondent)
S Kavanagh (Crown) SOLICITORS: Direct access (Respondent)
LOWER COURT JURISDICTION: District Court
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate