NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Sharwood v Regina [2006] NSWCCA 157
HEARING DATE(S): 13/04/2006
JUDGMENT DATE: 24 May 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hoeben J at 2; Johnson J at 79
DECISION: Leave to appeal against sentence and appeal allowed. Applicant re-sentenced to lesser term.
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - aggravated indecent assault contrary to s61M(1) Crimes Act 1900 - failure to call analysts who carried out DNA tests - point conceded at trial - rule 4 of Criminal Appeal Rules - application to discharge jury - no risk of substantial miscarriage of justice - application for leave to appeal against sentence - incorrect maximum penalty relied on - whether offences "in middle range of objective seriousness" - evidence of extra curial punishment - principles of totality and proportionality in respect of sentences awarded.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Evidence Act 1995
Crofts v The Queen (1996) 186 CLR 427 at 440-441 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 R v Daetz and Wilson (2003) 139 ACrimR 398 R v Davies [2004] NSWCCA 319 R v Edwards (1996) 90 ACrimR 510 CASES CITED: R v Kneebone (1999) 47 NSWLR 450 R v Reynolds (CCA, unreported, 3 July 1992) R v SG [2003] NSWCCA 220 R v Sing (2002) 54 NSWLR 31 at [34-35] R v Way (2004) 60 NSWLR 168 Siganto v The Queen (1998) 194 CLR 656 at 663 Skipworth v Regina [2006] NSWCCA 37
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