NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v BJB [2005] NSWCCA 441
HEARING DATE(S): 30 Septemnber 2005
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 8; Rothman J at 9
DECISION: (a) The appellant be granted an extention of time to file an appeal and application for leave to appeal to include the date upon which such appeal and leave to appeal were filed; (b) Appeal against conviction be dismissed; (c) Leave to appeal against sentence be granted; (d) Appeal against sentence be upheld in relation to the sentence on Count 1 and otherwise dismissed; (e) The sentence on Count 1 be quashed and in lieu thereof a sentence be imposed of four years' imprisonment to commence on 16 April 2004 and expire on 15 April 2008 with a non-parole period of 3 years to expire on 15 April 2007
CATCHWORDS: Criminal law - appeal against conviction and sentence - sexual offences on victim under 16 in 1970 - form of indictment - whether unreasonable verdict - error in maximum penalty
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act Crimes (Sentencing Procedure) Act
M v The Queen (1994) 181 CLR 487 MFA v R (2002) 213 CLR 606 R v Habib [2005] NSWCCA 223 Jones v The Queen (1997) 191 CLR 439 CASES CITED: Chamberlain v The Queen (No2) (1984) 153 CLR 521 Darling Island Stevedoring Lighterage Co Ltd v Jacobsen (1945) 70 CLR 635 R v R (1989) 18 NSWLR 74 Swain v Waverley Municipal Council (2005) 79 ALJR 565
The Queen PARTIES: BJB
FILE NUMBER(S): CCA 2005/705
COUNSEL: Crown - Ms N Noman
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