NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SABAPATHY v R [2008] NSWCCA 82
HEARING DATE(S): 10 March 2008
JUDGMENT DATE: 24 April 2008
JUDGMENT OF: Giles JA at 1; Adams J at 79; Latham J at 80
DECISION: (1) Conviction appeal dismissed; (2) Leave to appeal against sentence granted but appeal dismissed.
CATCHWORDS: Criminal law - plea of guilty - sentenced to imprisonment - appeal against conviction - whether plea attributable to genuine consciousness of guilt - whether integrity of plea affected by misunderstandings - or other matters - on facts, no miscarriage of justice - freely entered plea - whether sentence excessive - grounds of appeal not made out and in any event no less severe sentence warranted in law.
CATEGORY: Principal judgment
Mulato v Regina [2006] NSWCCA 2182; R v Hura (2001) 121 A Crim 474; CASES CITED : R v Rae (No 2) [2005] NSWCCA 380; R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168; Sauer v R [2006] NSWCCA 81.
PARTIES: Elvis Sabapathy - Appellant The Crown - Respondent
FILE NUMBER(S): CCA 2007/3035
COUNSEL: R Bonnici - Appellant D Woodburne - Crown
SOLICITORS: Justin Lewis & Co - Appellant S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 06/11/0472
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
LOWER COURT DATE OF DECISION: 14 June 2007 (Sentence)
IN THE COURT OF CRIMINAL APPEAL CA 2007/3035 DC 06/11/0472
GILES JA ADAMS J LATHAM J
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