NSW Caselaw
Reported Decision: 70 NSWLR 474179 A Crim R 541
New South Wales Court of Criminal Appeal
CITATION: STANFORD, Andrew James v R [2007] NSWCCA 370
HEARING DATE(S): 6 December 2007
JUDGMENT DATE: 20 December 2007
JUDGMENT OF: Grove J at 1; Hulme J at 2; Simpson J at 3
DECISION: (1) Appeal allowed; (2) Conviction quashed; (3) Verdict of acquittal entered.
CATCHWORDS: CRIMINAL LAW – appeal against conviction – specially aggravated break, enter and commit serious indictable offence – meaning of "break" – entry by co-offender through window left partly open – co-offender further opened window – window left open by arrangement – no evidence appellant opened window – no evidence of breaking – conviction quashed
LEGISLATION CITED: Crimes Act 1900
R v Boyce (1954) 38 Crim App R 111 R v Brown (1799) 2 East PC 487 R v Chandler [1913] 1 KB 125 R v Galea (1989) 46 A Crim R 158 R v Hyams (1836) 7 C & P 441 CASES CITED: R v Johnson and Jones (1841) Car & M 218 R v Lackey [1954] Crim LR 57 R v Russell (1833) 1 Mood CC 377 R v Sing [2002] NSWCCA 20; 54 NSWLR 31 R v Smith (1827) 1 Mood 178 R v Walker (1978) 19 SASR 532
PARTIES: Andrew James Stanford (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/5102
COUNSEL: H Dhanji (Applicant) T Thorpe (Respondent)
SOLICITORS: Legal Aid Commission (Applicant) Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/51/0017
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