NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Adam Joseph BASEDOW v R [2010] NSWCCA 76
HEARING DATE(S): 14 December 2009
JUDGMENT DATE: 27 May 2010
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 3; Hidden J at 4
DECISION: Leave to appeal granted (by majority), appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - unauthorised possession of firearms in aggravated circumstances - applicant a collector - no criminal intent - relevance of previous convictions for possession of firearms - whether sentence manifestly excessive
Firearms Act 1996 LEGISLATION CITED: Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Crimes (Appeal and Review) Act 2001
CATEGORY: Principal judgment
R v Way [2004] NSWCCA 131, 60 NSWLR 168 CASES CITED : R v Cromarty [2004] NSWCCA 54, 114 A Crim R 515 R v McNaughton [2006] NSWCCA 242, 66 NSWLR 566 R v JW [2010] NSWCCA 49
PARTIES: Adam Joseph BASEDOW (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2008/11752
COUNSEL: A Francis (Applicant) F Veltro (Respondent)
SOLICITORS: S O'Connor (Legal Aid Commission) (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11752
LOWER COURT JUDICIAL OFFICER: Woods ADCJ
LOWER COURT DATE OF DECISION: 3 December 2008
IN THE COURT OF CRIMINAL APPEAL 2008/11752
McCLELLAN CJ at CL SIMPSON J HIDDEN J
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