PICKEN v REGINA; REGINA v PICKEN [2007] NSWCCA 319

New South Wales Court of Criminal Appeal

CITATION: PICKEN v REGINA; REGINA v PICKEN [2007] NSWCCA 319

HEARING DATE(S): 22 October 2007

JUDGMENT DATE: 26 November 2007

JUDGMENT OF: Mason P at 1; Hidden J at 150; Harrison J at 151

DECISION: Appeal against conviction dismissed; Crown appeal against sentence dismissed

CATCHWORDS: CRIMINAL LAW – Appeal and new trial – appeal against conviction – particular grounds – objection and points not raised in court below – misdirections and non directions – during trial – in judge's summing up – Criminal Appeal Rules, r 4 - CRIMINAL LAW – Appeal and new trial – appeal against conviction – particular grounds – objection and points not raised in court below – misdirections and non directions – whether amounting to an absence of a fair trial – Criminal Appeal Rules, r 4 - CRIMINAL LAW – Appeal and new trial – appeal against sentence – appeal by Attorney-General or other Crown law officer – grounds for interference – whether sentence manifestly inadequate – sexual assault – where suspended sentence given – alleged undervaluing of degree of criminality – whether too much weight given to medical condition of offender – Crimes (Sentencing Procedure) Act 1999, s 12

Criminal Appeal Rules LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Cunningham v R (1992) 61 A Crim R 412 Dinsdale v The Queen (2000) 202 CLR 321 Palmer v R (1992) 64 A Crim R 1 Papakosmas v The Queen (1999) 196 CLR 297 R v Hircock [1970] 1 QB 67 R v Markuleski (2001) 52 NSWLR 82 R v Meher [2004] NSWCCA 355 CASES CITED: R v MTP [2002] VSCA 81 R v Reeves (1992) 29 NSWLR 109 R v Senior [2001] QCA 346 R v Thompson [1966] QWN 47 R v Wilson (2005) 62 NSWLR 346 R v Zamagias [2002] NSWCCA 17 Taleb v R [2006] NSWCCA 119 Tripodina and Morabito v R (1988) 35 A Crim R 183 Tully v The Queen [2006] HCA 56; 231 ALR 712