NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: FOLBIGG v R [2007] NSWCCA 128
HEARING DATE(S): 12 December 2006 and 23 April 2007
JUDGMENT DATE: 16 May 2007
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 33; Bell J at 34
DECISION: Application to re-open appeal allowed
CATCHWORDS: CRIMINAL LAW - Application to reopen appeal - allegation of irregularity in appellant's trial after appeal judgment delivered - appeal against conviction dismissed - appeal against sentence allowed - jurisdiction of Court of Criminal Appeal to reopen appeal and consider a further ground of appeal - whether court orders had been entered - date upon which orders perfected - Prothonatory satisfied that orders not entered - assurance given to appellant that order would not be entered - orders subsequently perfected
Crimes Act 1900 LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 No 120 Criminal Appeal Act 1912
Burrell v R [2007] NSWCCA 79 CASES CITED: R v Reardon (No 2) (2004) 60 NSWLR 454 Regina v Lapa (No 2) (1995) 80 A Crim $ 398
PARTIES: Kathleen Megan Folbigg (Appl) The Crown
FILE NUMBER(S): CCA 2006/2004
COUNSEL: B Walker SC/A P Cook (Appl) M G Sexton SC/J A Girdham (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT JUDICIAL OFFICER: Sully; Dunford; Hidden JJ
LOWER COURT DATE OF DECISION: 17 February 2005
LOWER COURT MEDIUM NEUTRAL CITATION: R v Folbigg [2005] NSWCCA 23
IN THE COURT OF CRIMINAL APPEAL 2006/2004
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