NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: JMW v Regina [2007] NSWCCA 187
HEARING DATE(S): 4 May and 28 June 2007
JUDGMENT DATE: 9 July 2007
JUDGMENT OF: Giles JA at 1; Hidden J at 2; Harrison J at 3
DECISION: Appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal dismissed. A NON-PUBLICATION ORDER EXPIRING ON 6 AUGUST 2007 APPLIES TO THIS JUDGMENT.
CATCHWORDS: CRIMINAL LAW – appeal against conviction and sentence – one count of assault with intent to rape, act of indecency with a child under 16 years, assault with an act of indecency, two counts carnal knowledge, one count buggery - victim 14 years of age at time of offences – whether miscarriage of justice at trial due to evidence not produced by the appellant's legal representatives, appellant's legal representatives failing to act on instructions or directions given by the appellant, false or misleading evidence allegedly given by police, media influence, particularly at sentencing stage - admission of fresh evidence on appeal – whether less severe sentence warranted in law due to appellant's age and ill health
Crimes Act 1900 - ss 63, 65, 76, 76A, 79 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 19(2), 30A, 44(2), Criminal Appeal Act 1912 - s 6(3)
Gallagher v R (1986) 160 CLR 392 Ignjatic v R (1993) 68 A Crim R 333 CASES CITED: R v Abou-Chabake [2004] NSWCCA 356 R v Ritevski (1989) A Crim R 11 R v Simpson (2001) 53 NSWLR 704 TKWJ v R (2002) 212 CLR 124
PARTIES: JMW (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/2036
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