NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rigby v Regina [2006] NSWCCA 205
HEARING DATE(S): 20/06/06
JUDGMENT DATE: 20 July 2006
JUDGMENT OF: Studdert J at 1; Kirby J at 2; Johnson J at 83
DECISION: (1) There should be an extension of time for the filing of the application for leave; (2) Leave to appeal should be granted; (3) The appeal should be allowed; (4) The sentence of 8 years imprisonment on each count should be confirmed, but the non parole period on each count should be quashed and, in lieu thereof, there should be a non parole period of 4 years on each count, commencing on 2 December 2002 and expiring on 1 December 2006.
CATCHWORDS: Criminal Practice & Procedure - appeal against sentence - convicted sexual intercourse without consent - fresh evidence that mentally ill at time of offences - admissibility - relevance of mental illness to sentence - issue of dangerousness - special circumstances.
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Mental Health Act 1990
R v Hemsley [2004] NSWCCA 228 R v Henry (1999) 46 NSWLR 346 R v Israil [2002] NSWCCA 255 Anderson v R [1981] VR 155 CASES CITED: R v Lauritsen (2000) 114 A Crim R 333 R v Pitt [2005] NSWCCA 304 R v Kenneth William Bailey (1988) 35 A Crim R 458 R v Ehrenburg (unreported, NSW CCA, 14.12.90) Veen v The Queen (No 2) (1988) 164 CLR 465 R v Engert (1995) 84 A Crim R 67
PARTIES: Michael Craig Rigby (App) Regina (Resp)
FILE NUMBER(S): CCA 2006/76
COUNSEL: S Odgers SC/Ms J Shepherd (App) L Lamprati SC (Resp/Crown)
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