NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: FRENCH v REGINA [2006] NSWCCA 361
HEARING DATE(S): 26 June 2006
JUDGMENT DATE: 16 November 2006
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 2; Latham J at 68
DECISION: 1. Leave to appeal is granted; 2. Appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - APPEAL AGAINST CONVICTION FOLLOWING PLEAS OF GUILTY - APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE - administering a stupefying drug with intent to have sexual intercourse without consent - sexual intercourse without consent - common assault - assault occasioning actual bodily harm - leave to withdraw plea of guilty - plea not attributable to genuine consciousness of guilt - miscarriage of justice - manifestly excessive sentence - victim appeared unconscious or semi-conscious - whether free and voluntary consent - arrangements between prosecution and defence counsel concerning plea - whether fit to plead - no evidence of threat to withdraw legal aid - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
R v Davies (unreported NSWCCA 16 December 1993 R v Forde (1923) 2 KB 400 CASES CITED: R v Guider [2002] NSWSC 756 R v Moffitt [2002] NSWCCA 73 R v Sagiv (1986) 22 A Crim R 73 R v TA (2003) 57 NSWLR 444
PARTIES: Barrie James French (Appl) The Crown
FILE NUMBER(S): CCA 2006/536
COUNSEL: J Stratton SC (Appl) D Arnott SC (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
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