NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Ivimy v R [2008] NSWCCA 25 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23 November 2007
JUDGMENT DATE: 19 February 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Price J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal Law - sentencing - aggravated indecent assault - circumstances of aggravation not pleaded - no double counting - sentences not manifestly excessive.
Crimes Act 1900 s 61M, s 61M(1), s 61M(2), LEGISLATION CITED: s 61M3(c), s 61L Crimes (Sentencing Procedure) Act 1999, s 21A(2), s 21A(2)(k),
CATEGORY: Principal judgment
Dougan v R (2006) 160 A Crim R 135 Ibbs v The Queen (1987) 163 CLR 447 R v King (2004) 150 A Crim R 409 R v McNamara [2005] NSWCCA 195 R v McNaughton (2006) 66 NSWLR 566 CASES CITED : R v Way (2004) 60 NSWLR 168 R v Westerman [2004] NSWCCA 161 R v Wickham [2004] NSWCCA 193 Regina v AD [2005] NSWCCA 208 Regina v Pearson [2005] NSWCCA 116 R v Skaf [2005] NSWCCA 297
PARTIES: James Percy Ivimy Regina
FILE NUMBER(S): CCA 2006/5197
COUNSEL: M Dennis (Applicant) P Ingram (Respondent)
SOLICITORS: M Schneider Legal Aid (Applicant) S Kavanagh Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/0325
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