NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Higgins [2006] NSWCCA 326
HEARING DATE(S): 10 October 2006 JUDGMENT OF: Tobias JA at 35; Grove J at 1; Bell J at 36
EX TEMPORE JUDGMENT DATE: 10/10/2006
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - FRAUDULENTLY OMIT TO ACCOUNT - SENTENCE FOLLOWING CONVICTION AT TRIAL - CROWN APPEAL - BANK MANAGER TRUSTED BY ELDERLY CUSTOMER TO INVEST PROCEEDS OF CHEQUE - FACTS FOUND BY SENTENCING JUDGE APPROPRIATELY IDENTIFIED CULPABILITY - NO ERROR IN DECLINING TO INCREASE SENTENCE IN CIRCUMSTANCES BY REASON OF CROWN REFERENCE TO s 21A(2)(k) OF CRIMES (SENTENCING PROCEDURE) ACT 1999 - IMPOSITION WELL WITHIN SOUND DISCRETIONARY RANGE
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED: Elyard v Regina [2006] NSWCCA 43 R v Tadrosse [2005] NSWCCA 145
PARTIES: Regina v Graham Patrick Higgins
FILE NUMBER(S): CCA 2006/1257
COUNSEL: V. Lydiard (Crown/Appellant) C.B. Craigie SC (Respondent)
SOLICITORS: S. Kavanagh (DPP) S.E. O'Connor (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/51/0051
LOWER COURT JUDICIAL OFFICER: Black DCJ
LOWER COURT DATE OF DECISION: 26 April 2006
IN THE COURT OF CRIMINAL APPEAL 2006/1257
TOBIAS JA GROVE J BELL J
10 October 2006 REGINA v GRAHAM PATRICK HIGGINS Judgment
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