NSW Caselaw
Reported Decision : 157 A Crim R 355
New South Wales Court of Criminal Appeal
CITATION: Regina v Mascaro-Varillas [2005] NSWCCA 399
HEARING DATE(S): 4 November 2004
JUDGMENT DATE: 22 November 2005
JUDGMENT OF: Simpson J at 1; Adams J at 2; Davidson AJ at 66
DECISION: Application dismissed
CATCHWORDS: Plea of guilty - Application to withdraw - Claim that facts disclosed no offence committed - Claim of overbearing claim of abuse of process - Claims rejected - Leave refused
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 Customs Act 1901 s233B(1)(d) LEGISLATION CITED: Extradition Act 1988 Justices Act 1902 s51A
R v Courtney-Smith (No 2) 48 A Crim R 49 R v Damien Parkes [2004] NSWCCA 377 R v Fan (1991) 24 NSWLR 60 CASES CITED: R v Leff (1996) 86 A Crim R 212 R v Mascaro-Varillas [2002] NSWCCA 524 Toro-Martinez (2000) 114 A Crim R 53
Regina
PARTIES: v
Fernanao Eduardo MASCARO-VARILLAS
FILE NUMBER(S): CCA 2004/1698
M M Cinque (Crown) COUNSEL: Applicant in person
Commonwealth Department of Public Prosecutions SOLICITORS: Unrepresented
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Morgan DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/1698
SIMPSON J ADAMS J DAVIDSON AJ
Tuesday 22 November 2005 REGINA v Fernando Eduardo MASCAR0-VARILLAS Judgment
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