NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Scott Raymond Brown v Regina [2006] NSWCCA 395
HEARING DATE(S): 7 September 2006
JUDGMENT DATE: 12 December 2006
JUDGMENT OF: Mason P at 1; Sully J at 2; Latham J at 68
DECISION: Appeal against convictions dismissed; Leave granted to appeal against sentences passed at first instance; Appeal against sentences dismissed
LEGISLATION CITED: Criminal Appeal Act 1912
M v The Queen (1994) 181 CLR 487 Hui Chi-ming v The Queen [1992] 1 AC 34 CASES CITED: R v Britten and Eger (1988) 36 A Crim R 48 R v Vandine [1970] 1 NSWR 252 R v Spathis and Patsalis (2001) NSWCCA 476 R v Mills, unreported, NSWCCA 3/4/95
PARTIES: Scott Raymond Brown Regina
FILE NUMBER(S): CCA 2005/2034
COUNSEL: W. G. Dawe QC - Crown In person - Appellant
SOLICITORS: S. Kavanagh - Crown In person - Appellant
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2004/40
LOWER COURT JUDICIAL OFFICER: Newman J
LOWER COURT DATE OF DECISION: 18 February 2005
IN THE COURT OF CRIMINAL APPEAL 2005/2034
MASON P SULLY J LATHAM J 12 December 2006 Scott Raymond BROWN v REGINA
Judgment 1 MASON P: I agree with Sully J. 2 SULLY J: Mr. Brown (the appellant) appealed against a number of his convictions and sought leave to appeal against the resulting sentences. 3 He had previously been represented by senior counsel in the conviction appeal, but legal aid was withdrawn and he became self-represented. Proceedings in this Court had previously been listed for hearing and there were a number of occasions when the matter was stood over at call-over. At the hearing he sought a further adjournment on a particular basis which was opposed. The appellant then indicated that he was prepared to represent himself. Several documents were handed up and the grounds of appeal were clarified during oral address. 4 The Court permitted the appellant to elaborate upon the non-informative notice of appeal against conviction previously filed. It was clarified that the grounds of appeal were essentially three in number, namely:
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