NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Moore v Regina [2005] NSWCCA 407
HEARING DATE(S): 22/11/2005
JUDGMENT DATE: 2 December 2005
JUDGMENT OF: Simpson J at 1; Adams J at 4; Hoeben J at 5
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Sentence Appeal - applicant surrendering to police when not under suspicion - s21A(2)(g) Crimes (Sentencing Procedure) Act 1999 - meaning of "substantial emotional harm" - offence committed "in company" - wide discretion of sentencing judge.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Markarian v The Queen (2005) 79 ALJR 1048 Regina v De Simoni (1981) 147 CLR 303 Regina v Henry (1999) 46 NSWLR 364 R v Lattouf (unreported, NSWCCA, 12 December 1996) CASES CITED: Regina v Leoni [1999] NSWCCA 14 R v Simpson (2001) 53 NSWLR 704 R v Solomon [2005] NSWCCA 158 R v Youkhana [2004] NSWCCA 412 R v Zamagias [2002] NSWCCA 17
Christopher Moore - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2005/1342
H Dhanji - Applicant COUNSEL: P Ingram - Respondent
S O'Connor, Solicitor for Legal Aid - Applicant SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/41/0238
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1342
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