Regina v Folbigg [2005] NSWCCA 23

Reported Decision : 152 A Crim R 35

New South Wales Court of Criminal Appeal

CITATION: Regina v Folbigg [2005] NSWCCA 23

HEARING DATE(S): 26 November 2004

JUDGMENT DATE: 17 February 2005

JUDGMENT OF: Sully J at 1; Dunford J at 192; Hidden J at 193

DECISION: Extension of time granted to permit of hearing of present appeal and application; Appeal against convictions dismissed; Leave granted to appeal against sentence; sentences passed at first instance on Counts 4 and 5 quashed and appellant re-sentenced on those counts as follows; On Count 4 to imprisonment for 20 years to commence on 22 April 2008 and to expire on 21 April 2028; no non-parole period set because of the overall structure of the appellant's re-sentencing; On Count 5 to imprisonment for 22 years to commence on 22 April 2011 and to expire on 21 April 2033 with a non-parole period of 17 years to expire on 21 April 2028.

Evidence Act 1995 (NSW) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW)

GK (2001) 53 NSWLR 317 Makin v Attorney General of New South Wales [1894] A C 57 at 65 Reg v Boardman [1975] A C 421 at 456E Harris v Director of Public Prosecutions [1952] A C 694 Reg v Cannings [2004] 1 WLR 2067 M v The Queen (1994) 181 CLR 487 at 493 CASES CITED: Jones v The Queen (1997) 191 CLR 439 MFA v The Queen (2002) 213 CLR 606 R v Ellis (2003) 58 NSWLR 700 Director of Public Prosecutions v P [1991] 2 A C 447 Pearce v The Queen (1989) 194 CLR 610 Veen (No. 2) (1988) 164 CLR 465 Wong v The Queen (2001) 207 CLR 584