NSW Caselaw
Reported Decision: 170 A Crim R 427
New South Wales Court of Criminal Appeal
CITATION: TABER, Peter v. REGINA; STYMAN Ian v. REGINA [2007] NSWCCA 116 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 11 December 2006
JUDGMENT DATE: 26 April 2007
JUDGMENT OF: Hodgson JA at 1; Howie J at 106; Price J at 107
DECISION: In each case: 1. Appeal against conviction dismissed. 2. Leave to appeal against sentence granted, and appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Plea in bar - Autrefois convict - Where elements of offence overlap - Abuse of process - Admission of hearsay evidence pursuant to s.65 of the Evidence Act 1995 - Witness "not available" - Evidence given in a proceeding - Whether section limited to evidence given by prosecution witnesses - Whether unfairly prejudicial - Whether verdict unreasonable - Appeal against sentence - Whether manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 ss.94, 105A, 112 Evidence Act 1995 ss.65, 83, 137 and dictionary cl.4(1).
Island Maritime Limited v. Filipowski [2006] HCA 30 Jones v. The Queen (1997) 191 CLR 439 M v. The Queen (1994) 181 CLR 487 CASES CITED: Pearce v. The Queen [1998] HCA 57, (1998) 194 CLR 610 R v Elrington (1861) 1 B & S 688, 121 ER 870 R v. Beedie [1997] 2 Cr App R 167, [1998] QB 356 R v. Stone [2005] NSWCCA 344
Peter Taber - appellant PARTIES: Ian Styman - appellant Regina - respondent
FILE NUMBER(S): CCA 2006/1961; 2006/1990
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