NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: King v R [2010] NSWCCA 33 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 1 February 2010
JUDGMENT DATE: 10 March 2010
JUDGMENT OF: Grove J at 1; Simpson J at 2; RA Hulme J at 3
DECISION: Extension of time and leave to appeal granted but appeal dismissed.
CATCHWORDS: CRIMINAL LAW - Sentence - aggravated sexual assault - whether error in taking into account aggravating factor that offence caused substantial harm - parity of sentencing
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Doolan v R [2006] NSWCCA 29 Elyard v Regina [2006] NSWCCA 43 Nowak v R [2008] NSWCCA 89; 183 A Crim R 526 Pearce v The Queen (1998) CLR 610 CASES CITED : Qoro v R [2008] NSWCCA 220 R v Cunningham [2006] NSWCCA 176 R v Solomon [2005] NSWCCA 158; 153 A Crim R 32 R v Swan [2006] NSWCCA 47 R v Youkhana [2004] NSWCCA 412
TEXTS CITED: Sentencing Trends & Issues No 39, A Dyer and H Donnelly, Judicial Commission of New South Wales, February 2010
PARTIES: Raymond Noel KING (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/15112
COUNSEL: Mr M Dennis (Applicant) Ms J Girdham (Respondent)
SOLICITORS: Galloways Solicitors Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/1030
LOWER COURT JUDICIAL OFFICER: Woods DCJ
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