NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SIMPSON v R [2010] NSWCCA 225 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 September 2010
JUDGMENT DATE: 8 October 2010
JUDGMENT OF: McColl JA at 1; Hulme J at 2; Latham J at 3
DECISION: 1. Leave to appeal granted. 2. Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal against sentence - plea of guilty to one count of aggravated steal from the person - whether further affidvait evidence qualifies as fresh evidence - whether sentence manifestly excessive.
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Iglesias v R [2006] NSWCCA 261 Springer v R [2007] NSWCCA 289 ; 177 A Crim R 13 R v Ranse NSWCCA (unreported) 8 August 1994 Vaeila v R [2010] NSWCCA 113 R v Cage [2006] NSWCCA 304 CASES CITED : R v Kelly [2005] NSWCCA 280 ; 155 A Crim R 499 R v Ibrahimi [2005] NSWCCA 153 R v Marinos [2003] NSWCCA 136 R v Maloukis [2002] NSWCCA 155 R v Wilson [2001] NSWCCA 399 R v Taylor [2000] NSWCCA 442
PARTIES: Clarese SIMPSON - (Applicant) Regina - (Respondent)
FILE NUMBER(S): CCA 2009/10278003
COUNSEL: H Cox - (Applicant) P Ingram (Crown)
SOLICITORS: S Kavanagh - (Solicitor for Public Prosecutions) Aboriginal Legal Service
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/10278003
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
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