NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DBW v REGINA [2007] NSWCCA 236
HEARING DATE(S): 27 July 2007 JUDGMENT OF: Spigelman CJ at 1, 44; Simpson J at 42; Harrison J at 43
EX TEMPORE JUDGMENT DATE: 27 July 2007
DECISION: 1 Leave to appeal granted; 2 Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – Appeal against sentence – Grounds for interference – consideration of plea of guilty – remarks by sentencing judge in the course of submissions – consideration of aggravating circumstances
Crimes Act 1900, s 61M(2), s 61O(2), s 66A LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s 21A Evidence Act 1995 s 4
R v Ellis (1986) 6 NSWLR 603 R v Lewins (2007) NSWCCA 189 R v Muldoon (unreported, NSWCCA, 13 December 1990) CASES CITED: R v Thompson (2000) 49 NSWLR 383 R v Wickham [2004] NSWCCA 193 R v Wilson (2005) 62 NSWLR 346 Ryan v The Queen (2001) 206 CLR 267
PARTIES: DBW (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/886
COUNSEL: B J Rigg (Appellant) P G Ingram (Respondent)
SOLICITORS: S O'Connor, Legal Aid Commission of NSW (Appellant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/3060
LOWER COURT JUDICIAL OFFICER: Maguire QC DCJ
LOWER COURT DATE OF DECISION: 5 October 2006
- 9 - IN THE COURT OF CRIMINAL APPEAL 2007/886
SPIGELMAN CJ SIMPSON J HARRISON J
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