NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Clarke v Regina [2008] NSWCCA 36
HEARING DATE(S): 12 December 2007
JUDGMENT DATE: 27 February 2008
JUDGMENT OF: Grove J at 1; Hulme J at 27; Simpson J at 43
DECISION: Extension of time to appeal and leave to appeal against sentence granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Conviction by jury for manslaughter on indictment for murder - Sentence - Provocation as basis for conviction - Hearsay provocation not available - Correctness of R v Quartly (1986) 11 NSWLR 332 reserved for determination in suitable appeal - No lesser sentence than imposition appropriate
LEGISLATION CITED: s 23 Crimes Act 1900
CATEGORY: Principal judgment
Davis v The Queen (1998) 73 ALJR 139 R v Davis [1998] 100 A Crim R 573 CASES CITED : R v Mohamad Ali [2005] NSWSC 334 R v Quartly (1986) 11 NSWLR 332 Savas v The Queen (1995) 183 CLR 1
PARTIES: Allan Clifford CLARKE (Applicant) REGINA (Respondent/Crown)
FILE NUMBER(S): CCA 2007/3530
COUNSEL: W Dawe QC and M C Hay (Applicant) J Girdham (Respondent/Crown)
SOLICITORS: Simon Palmer (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70017/2004
LOWER COURT JUDICIAL OFFICER: Barr J
LOWER COURT DATE OF DECISION: 26 November 2004
LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Clarke [2004] NSWSC 1125
IN THE COURT OF CRIMINAL APPEAL CCA 2007/3530
GROVE J HULME J SIMPSON J
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