NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Starmer v Regina [2008] NSWCCA 27
HEARING DATE(S): 15 February 2008 JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Simpson J at 18
EX TEMPORE JUDGMENT DATE: 15 February 2008
DECISION: Leave to appeal against sentence granted. Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Pre-sentence custody - Desirable practice of backdating affirmed - No error in adopting different practice when allowance clearly demonstrated
CATEGORY: Principal judgment
Assafiri v R [2007] NSWCCA 159 R v Bernier [1998] 102 A Crim R 44 R v Hall [2005] NSWCCA 217 CASES CITED : R v Howard [2001] NSWCCA 309 R v McHugh (1985) 1 NSWLR 588 R v Nasher [2005] NSWCCA 238 R v Viana [2001] NSWCCA 171
PARTIES: David Starmer (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/3008
COUNSEL: A Francis (Applicant) P McDonald (Respondent/Crown)
SOLICITORS: Legal Aid Commission (Applicant) Commonwealth DPP (Respondent/Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0665
LOWER COURT JUDICIAL OFFICER: Tupman DCJ
LOWER COURT DATE OF DECISION: 19 January 2007
IN THE COURT OF CRIMINAL APPEAL CCA 2007/3008
McCLELLAN CJ at CL GROVE J SIMPSON J
15 February 2008 David STARMER v REGINA Judgment
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