NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: RICKABY v REGINA [2007] NSWCCA 288
HEARING DATE(S): 8 October 2007
JUDGMENT DATE: 10 October 2007
JUDGMENT OF: Giles JA at 1; Hulme J at 23; Hislop J at 24
DECISION: (1) Extend the time for filing the application for leave to appeal against sentence up to and including 30 May 2007; (2) Grant leave to appeal; (3) Dismiss the appeal.
CATCHWORDS: SENTENCING - two offences - firing firearm in public place - possession of unregistered firearm - concurrency and accumulation - totality principle - whether error in partial accumulation or it was contrary to totality principle - distinct offences - could possess without firing - could fire registered firearm - firing was significant additional offence - no error shown.
LEGISLATION CITED: Firearms Act 1996, s 4C
CASES CITED: R v Cicekdag (2004) 158 A Crim R 299; R v Hammoud (2000) 118 A Crim R 66.
PARTIES: Peter Kevine Rickaby - Applicant Crown - Respondent
FILE NUMBER(S): CCA 3259/07
COUNSEL: A Djemal - Applicant T Thorpe - Crown
SOLICITORS: Lawyers Corp Pty Ltd - Applicant Office of the Director of Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 06/11/0436
LOWER COURT JUDICIAL OFFICER: Hulme DCJ
LOWER COURT DATE OF DECISION: 14 August 2006 (Sentence)
IN THE COURT OF CRIMINAL APPEAL CCA 3259/07 DC 06/11/0436
GILES JA HULME J HISLOP J
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