NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: IGLESIAS v REGINA [2006] NSWCCA 261
HEARING DATE(S): 20 July 2006
JUDGMENT DATE: 20 July 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 21; Hall J at 22
DECISION: Leave to appeal against sentence is refused
CATCHWORDS: CRIMINAL LAW - APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE - murder - undiagnosed cancer - symptoms evident at time of sentencing - whether to allow fresh evidence of medical condition - re-sentencing in light of fresh evidence - whether imprisonment will be more onerous - risks of recurrence of cancer - whether a lesser sentence warranted in law
LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999
R v Bailey (1988) 35 A Crim R 458 R v Cartwright (1989) 17 NSWLR 243 CASES CITED: R v Ehrenberg (unreported, NSWCCA, 14 December 1990 R v Goodwin (1990) 51 A Crim R 328 R v Munday [1981] 2 NSWLR 177 Smith (1987) 44 SASR 587
PARTIES: Isidro Iglesias (Appl) The Crown
FILE NUMBER(S): CCA 2006/1034
COUNSEL: P Barrett (Crown) D Carroll (Appl)
SOLICITORS: Director of Public Prosecutions (Crown) Legal Aid Commission of NSW (Appl)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70103/03
LOWER COURT JUDICIAL OFFICER: Hidden J
LOWER COURT DATE OF DECISION: 13 October 2004
IN THE COURT OF CRIMINAL APPEAL 2006/1034
McCLELLAN CJ at CL HULME J HALL J
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