NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Page v R [2008] NSWCCA 26
HEARING DATE(S): 21 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 driving causing death - contributory negligence - onus of proof - sentence not manifestly excessive - psychological report not tendered at hearing - lesser sentence not warranted - no miscarriage of justice.
LEGISLATION CITED: Crimes Act 1900 s 52A, s 52A(2), s 154A(1)(b), Criminal Procedure Act 1986 s 166,
CATEGORY: Principal judgment
Nudd v The Queen (2006) 80 ALJR 614 R v Jurisic (1998) 45 NSWLR 209 R v McNaughton (2006) 66 NSWLR 566 R v Olbrich (1999) 199 CLR 270 R v Ryan (2003) 141 A Crim R 403 CASES CITED : R v Storey [1998] VR 359 R v Thomson & Houlton (1999-2000) 49 NSWLR 383 R v Whyte (2002) 55 NSWLR 252 R v Woodward [2001] NSWCCA 90 Regina v Fernando [2002] NSWCCA 28 Thompson v R [2007] NSWCCA 299
PARTIES: Patrick John Page Regina
FILE NUMBER(S): CCA 2006/5055
COUNSEL: Patrick John Page (Self Represented Applicant) N Adams (Respondent)
SOLICITORS: S Kavanagh Public Prosecutions ( Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/0123
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
LOWER COURT DATE OF DECISION: 27 July 2006
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