NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: AJO v Regina [2008] NSWCCA 28
HEARING DATE(S): 11 February 2008
JUDGMENT DATE: 21 February 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Simpson J at 36
Appeal allowed in part. DECISION: Conviction and sentence on single count quashed. Leave to appeal against sentence granted. Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Time limitation for prosecution pursuant to now repealed s 78 Crimes Act - In particular instance bar operative - Single count quashed - Sentence - Quashed sentence wholly concurrent with other impositions - Four separate victims - Multiple offences extending over twenty years - Totality - No reduction in overall term required
Child Welfare Act 1939 Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
Mill v The Queen (1988) 166 CLR 59 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v O'Donoghue (No 2) [2001] NSWCCA 495
PARTIES: AJO (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/2808
COUNSEL: M Johnston (Applicant) D Arnott SC (Respondent/Crown)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3152
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 2 February 2006
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