NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v AD [2005] NSWCCA 208
HEARING DATE(S): 03/06/2005
JUDGMENT DATE: 9 June 2005
JUDGMENT OF: Studdert J at 1; Howie J at 2; Latham J at 46
DECISION: Application for leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Criminal Law - Sentencing - juvenile offender charged with serious sexual assault offence - whether sentencing discretion miscarried by failure to refer to s 6 of Children (Criminal Proceedings) Act - whether sentence manifestly excessive having regard to the age of the offender.
Crimes Act 1900 - s 61J, 61M LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 (NSW) - ss 3, 6, 17, Div 4 Part 3, s 18(1A), 33(1)(g) Crimes (Sentencing Procedure) Act 1999
R v Way (2004) 60 NSWLR 168 R v Li (NSWCCA, unreported 9/7/97 De Simoni principle CASES CITED: R v MHH [2001] NSWCCA 161 R v SDM [2001] NSWCCA 158 R v Voss [2003] NSWCCA 182 R v Slack [2004] NSWCCA 128
PARTIES: Regina v AD
FILE NUMBER(S): CCA 2005/501
Crown - W. Dawe QC COUNSEL: Applicant - J. Manuell
S. Kavanagh - Crown SOLICITORS: S.E. O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/1144
LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/501 CCAP
STUDDERT J HOWIE J LATHAM J
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