NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Thompson v R [2007] NSWCCA 83
HEARING DATE(S): 26 March 2007
JUDGMENT DATE: 30 March 2007
JUDGMENT OF: Simpson J at 1; Howie J at 43; Hislop J at 44
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against severity of sentence - importation to Australia of not less than the commercial quantity of cocaine - previous trial of charges - applicant convicted - successful appeal - new trial ordered - sentence discounted by reason of plea - applicant born in New Zealand - two co-offenders of British origin - Convention on the Transfer of Sentenced Persons - whether transfer of co-offender a ground for parity - parity of sentencing - issue estoppel - no issue estoppel in reasoning of appellate court - finding as to applicant's criminality open to sentencing judge
LEGISLATION CITED: Customs Act 1901 (Cth) s235(2)(c)(ii)
R v Bartle and Others (2003] NSWCCA 329; 181 FLR 1 CASES CITED: R v Daley [2003] NSWCCA 109 R v Thompson: R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
PARTIES: Hamish Edward Thompson - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/1818
COUNSEL: K Chapple - Respondent
SOLICITORS: Applicant in person Commonwealth Director of Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/1255
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 11 February 2005
IN THE COURT OF CRIMINAL APPEAL 2006/1818
SIMPSON J HOWIE J HISLOP J
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