NSW Caselaw
Reported Decision: 172 A Crim R 208
New South Wales Court of Criminal Appeal
CITATION: CALDERWOOD v R [2007] NSWCCA 180
HEARING DATE(S): 12 March 2007
JUDGMENT DATE: 27 June 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 93; Hislop J at 94
DECISION: 1. Appeal against conviction dismissed; 2. Leave to appeal against sentence granted but appeal dismissed
CATCHWORDS: CRIMINAL LAW - Conviction and sentence appeals - importation of MDMA - circumstantial case - whether Crown had proved the elements of the offence irrelevant parts of record of interview blanked out - whether entire interview should have been excluded - whether the Crown and trial judge's summing up was distorted and prejudicial - whether sentence manifestly excessive
LEGISLATION CITED: Customs Act 1901 Crimes Act 1914 (Cth)
Harriman v R (1989) 167 CLR 590 M v R (1994) 181 CLR 487 Markarian v The Queen (2005) 79 ALJR 1048; [2005] HCA 25 R v Courtney-Smith (No 2) (1990) 48 A Crim R 49 R v Lam (1990) 46 A Crim R 402 R v Leff (1996) 86 A Crim R 212 CASES CITED: R v McGregor (2000) 120 A Crim R 24 R v Meloh (2001) 10 NSWCCA 211 R v Muradian (2002) NSWCCA 371 R v Nai Poon (2003) 56 NSWLR 284; [2003] NSWCCA 42 R v Schofield (2003) 138 A Crim R 19 R v Sukkar (2005) NSWCCA 54 Wong v The Queen and Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64
PARTIES: David Calderwood (Appl) The Crown (Cth)
FILE NUMBER(S): CCA 2005/2545
D Calderwood (appeared in person on conviction) COUNSEL: J Stratton SC (appeared for appl on sentence) M A Wigney (Crown Cth)
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