NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Atkinson v Regina [2006] NSWCCA 366
HEARING DATE(S): 23 August 2006
JUDGMENT DATE: 4 December 2006
JUDGMENT OF: Grove J at 1; Kirby J at 2; Hislop J at 3
DECISION: (1) Appeal dismissed.
CATCHWORDS: These proceedings are subject to the limitations upon publication and/or broadcasting imposed by s 11(1) of the Children (Criminal Proceedings) Act 1987 - Criminal law - Conviction appeal - Alleged unreasonableness of jury verdicts - Rational basis to differentiate verdicts.
Children (Criminal Proceedings) Act 1987 - s 11(1) LEGISLATION CITED: Crimes Act 1900 - ss 35(1)(a), 61, 61J(1), 562AB(1) Criminal Appeal Act 1912 - 6(1)
M v The Queen (1994) 181 CLR 487 CASES CITED: MacKenzie v The Queen (1996) 190 CLR 348 MFA v The Queen (2002) 213 CLR 606 Weiss v The Queen (2005) 80 ALJR 444
PARTIES: Applicant - Adrian Robert Atkinson Respondent - Regina
FILE NUMBER(S): CCA 2006/1262
COUNSEL: Applicant - Mr A. Cook Respondent - Ms N. Noman
SOLICITORS: Applicant - Legal Aid Commission of New South Wales Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0565
LOWER COURT JUDICIAL OFFICER: Graham DCJ
LOWER COURT DATE OF DECISION: 4 September 2005
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/1262
GROVE J KIRBY J HISLOP J
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