PHILOPOS v R [2008] NSWCCA 66

New South Wales Court of Criminal Appeal

CITATION: PHILOPOS v R [2008] NSWCCA 66

HEARING DATE(S): 31 January 2008

JUDGMENT DATE: 1 April 2008

JUDGMENT OF: McClellan CJ at CL at 1; James J at 82; Barr J at 83

DECISION: 1. Appeal against conviction dismissed. 2. Application for leave to appeal against sentence granted but the appeal dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - multiple counts of indecent assault and sexual intercourse without consent - whether appellant fit to be tried - no application made by defence counsel - whether trial judge erred in failing to grant adjournment for purpose of obtaining medical assessment as to state of mind of appellant - overwhelming Crown case - CRIMINAL LAW - legal representation - conflicting instructions from appellant - application by defence counsel for leave to withdraw - whether trial judge erred by refusing to grant adjournment for appellant to obtain other legal representation - whether lack of legal representation resulted in a miscarriage of justice - CRIMINAL LAW - sentencing - whether sentence manifestly excessive

LEGISLATION CITED: Crimes Act 1900 Mental Health (Criminal Procedure) Act 1990

CATEGORY: Principal judgment

Craig v South Australia (1995) 184 CLR 163 Dietrich v The Queen (1992) 177 CLR 292 Frawley v R (1993) 69 A Crim R 208 CASES CITED : Greer v R (1992) 62 A Crim R 442 McInnis v The Queen (1979) 143 CLR 575 R v IAS (2004) 146 A Crim R 416; [2004] SASC 240 R v Kama (2000) 110 A Crim R 47; [2000] NSWCCA 23 R v Kaliti (2001) 34 MVR 160; [2001] NSWCCA 268