NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: TA v R [2008] NSWCCA 179
HEARING DATE(S): 28 July 2008
JUDGMENT DATE: 21 August 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 8; Hislop J at 54
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - attempted robbery armed with a dangerous weapon - unauthorised possession of a shortened firearm - pleas of not guilty changed after defence of duress withheld from the jury - grounds of appeal - whether trial judge erred in failing to find that the applicant acted under duress - principle of parity - whether manifestly excessive - appeal dismissed
Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1900 Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 CASES CITED : Lowe v R [1984] HCA 46; (1984) 154 CLR 606 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295
PARTIES: TA (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2007/4341
COUNSEL: C Nash (Applicant) J Girdham (Respondent)
SOLICITORS: Ford Criminal Lawyers (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/61/0137
LOWER COURT JUDICIAL OFFICER: Marien DCJ
IN THE COURT OF CRIMINAL APPEAL
2007/4341
McCLELLAN CJ at CL SIMPSON J HISLOP J
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