NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: ANASTASIOU, Andrew v R [2010] NSWCCA 100 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24 March 2010
JUDGMENT DATE: 13 May 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Rothman J at 3
(i) Leave to appeal be granted; DECISION: (ii) Appeal be dismissed.
CATCHWORDS: CRIMINAL LAW – sentence appeal – applicant suffering terminal illness – no other ground of appeal – mercy is the prerogative of the parole authority or the executive government – no basis in principle to allow appeal – applicant currently not suffering distress – appeal dismissed
Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Court Act 1998
CATEGORY: Principal judgment
House v R [1936] HCA 40; (1936) 55 CLR 499 Iglesias v R [2006] NSWCCA 261 R v Bailey (1988) 35 A Crim R 458 R v Josef Mioduszewski [2004] NSWCCA 154 CASES CITED : R v Maarbani [2001] NSWCCA 509 R v MJM [2004] NSWCCA 66 R v Smith (1987) 44 SASR 587 R v Sopher (1993) 70 A Crim R 570 R v Willard [2001] NSWCCA 6
PARTIES: Andrew Anastasiou (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/232787
COUNSEL: S Beckett (Applicant) S Dowling (Respondent)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Office of the Director of Public Prosecutions (Respondent)
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