Mainwaring v Regina [2009] NSWCCA 207

New South Wales Court of Criminal Appeal

CITATION: Mainwaring v Regina [2009] NSWCCA 207

HEARING DATE(S): 12 June 2009

JUDGMENT DATE: 20 August 2009

JUDGMENT OF: Allsop P at 1; Price J at 66; Harrison J at 67

1. Appeal against conviction dismissed. DECISION: 2. Grant leave to appeal on sentence. 3. Appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction – perjury - Crimes Act 1900 (NSW) s 327 - appellant gave evidence in murder trial of person who had shared a prison cell with while in remand – evidence given by the appellant that shoes removed from the cell were his shoes and not those of the person accused of the murder – later covert recording of appellant telling undercover policeman that he said the shoes were his when he did not know whose shoes they were – whether open to trial judge to conclude on the evidence that the evidence given in the murder trials was objectively false – whether trial judge misdirected himself by failing to consider the possibility of mistake - verdict was unreasonable and inconsistent with the evidence – appeal dismissed - CRIMINAL LAW - appeal sentence conviction – perjury – failure to take into account mitigating factors - leave to appeal granted – sentences within sentencing judge's discretion and not manifestly excessive - appeal dismissed - Crimes Act 1900 (NSW) – s 327

LEGISLATION CITED: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW)

CATEGORY: Principal judgment

Fleming v R [1998] HCA 68; 197 CLR 250 MacKenzie v The Queen [1996] HCA 35; 190 CLR 348 R v Fish & Swan [2002] NSWCCA 196; 131 A Crim R 172 CASES CITED : R v Langton [2002] NSWCCA 382 R v Liristis [2004] NSWCCA 287; 146 A Crim R 547 R v Morgan (1993) 70 A Crim R 368 R v Treglia [2002] NSWCCA 338