NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: WC v R [2008] NSWCCA 75
HEARING DATE(S): 01/04/2008
JUDGMENT DATE: 1 April 2008
JUDGMENT OF: McClellan CJ at CL at 14; James J at 13; Hoeben J at 1
EX TEMPORE JUDGMENT DATE: 1 April 2008
DECISION: Leave to appeal granted. Sentences passed by his Honour Judge Taylor on 3 November 2006 quashed - applicant re-sentenced.
CATCHWORDS: Sentence appeal - successful appeal in other sentence proceedings - need to adjust commencement date for sentences in this matter having regard to successful appeal in the other sentence proceedings.
CATEGORY: Principal judgment
PARTIES: WC - Applicant Crown - Respondent
FILE NUMBER(S): CCA 5289/2006
COUNSEL: Ms April Francis - Applicant Mr P Ingram - Respondent Crown
SOLICITORS: William O'Brien Solicitors - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/31/0255
LOWER COURT JUDICIAL OFFICER: Taylor DCJ
LOWER COURT DATE OF DECISION: 31/10/2006
IN THE COURT OF CRIMINAL APPEAL 5289/2006
McCLELLAN CJ at CL JAMES J HOEBEN J
Tuesday, 1 April 2008 WC v REGINA Judgment 1 HOEBEN J: Offences and sentence On 14 September 2006 the applicant pleaded guilty before Judge Taylor in relation to seven counts on indictment of sexual assault upon a child.
Count 1 was in terms that between 19 October 1985 and 31 December 1985 the applicant indecently assaulted C, who was then aged 8 years.
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