NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: PAGE v R [2007] NSWCCA 175
HEARING DATE(S): 12 April 2007
JUDGMENT DATE: 21 June 2007
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 72; Hall J at 73
DECISION: 1. Appeal against conviction dismissed; 2. Leave to appeal against sentence granted but appeal dismissed.
CATCHWORDS: CRIMINAL LAW - Conviction and sentence appeal - conspiracy to defraud spanning 5 years - identification evidence - elderly victim living alone - whether indictment was flawed for latent duplicity - whether prosecution failed to distinguish between primary conspiracy and consequential conspiracies - whether directions on the elements of the offence were adequate - whether jury verdict unreasonable - sentencing - whether error in failing to exclude the alternate basis for conviction prior to determining culpability - whether error in taking into account overt acts of conspiracy
LEGISLATION CITED: Crimes Act 1900 (NSW)
Cheung v The Queen (2001) 209 CLR 1 CASES CITED: R v Hoar (1981) 148 CLR 32 R v Mok (1987) 27 A Crim R 438 Olbrich v The Queen (1999) 199 CLR 270
PARTIES: Joseph Nathan Page (Appl) The Crown
FILE NUMBER(S): CCA 2006/2731
COUNSEL: G Bashir (Appl) J A Girdham (Crown)
SOLICITORS: Hanby & Associates (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0071
LOWER COURT JUDICIAL OFFICER: Phegan DCJ
LOWER COURT DATE OF DECISION: 29 March 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2731
McCLELLAN CJ at CL HOWIE J HALL J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate