NSW Caselaw
Reported Decision: 169 A CRIM R 516
New South Wales Court of Criminal Appeal
CITATION: Perkins v R [2007] NSWCCA 80
HEARING DATE(S): 20/03/2007
JUDGMENT DATE: 2 April 2007
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Hoeben J at 3
DECISION: Leave to admit as "fresh" evidence the report of Dr Westmore refused; Leave to appeal against sentence is granted; The appeal is dismissed
CATCHWORDS: Sentence appeal - admission of "fresh" evidence - whether "fresh" evidence could have been obtained by the exercise of due diligence - whether "fresh" evidence was of such significance that the sentencing judge may have regarded it as having a real bearing upon the decision.
LEGISLATION CITED: Crimes Act 1900
Gallagher v The Queen (1986) 160 CLR 392 at 395 Iglesias v Regina [2006] NSWCCA 261 R v Abou-Chabake [2004] NSWCCA 356 R v Ashton (2002) 137 A Crim R 73 R v Bailey (1988) 35 A Crim R 458 CASES CITED: R v Ehrenburg NSW CCA (unreported) 14 December 1990 R v Fordham (1997) 98 A Crim R 359 at 377 R v Goodwin (1990) 51 A Crim R 328 R v Many (1990) 51 A Crim R 54 at 61-62 R v Munday [1981] 2 NSWLR 177 at 178 Stumbles v R [2006] NSWCCA 418
PARTIES: Graham David Perkins - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/2841
COUNSEL: John Stratton SC - Applicant Ms V Lydiard - Crown
SOLICITORS: SE O'Connor - Solicitor for Legal Aid Commission of NSW - Applicant S Kavanagh - Solicitor for Public Prosecutions - Respondent
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