NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Clarke v R [2009] NSWCCA 49
HEARING DATE(S): 10 February 2009
JUDGMENT DATE: 17 March 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 20; Adams J at 21
DECISION: 1.Grant leave to appeal 2.Dismiss the appeal.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - sexual intercourse with a child - circumstances of aggravation - child under authority of offender - whether special circumstances exist because of first custodial sentence
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Sentencing Procedure Act 1999
CATEGORY: Principal judgment
R v Clissold [2002] NSWCCA 356 R v Cook [1999] NSWCCA 234 R v Cramp [2004] NSWCA 264 R v Fidow [2004] NSWCCA 172 CASES CITED : R v Ibrahim [2005] NSWCCA 43 R v Kama (2000) 110 A Crim R 47 R v Kaliti [2001] NSWCCA 268 R v Simpson (1992) 61 A Crim R 58 R v Swan [2005] NSWCCA 252
PARTIES: Christopher Reginald Clarke (Applicant) The Crown
FILE NUMBER(S): CCA 2007/8961
COUNSEL: N Mikhaiel (Applicant) J A Girdham (Crown)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/41/0166
LOWER COURT JUDICIAL OFFICER: Conlon DCJ
LOWER COURT DATE OF DECISION: 27 February 2008
IN THE COURT OF CRIMINAL APPEAL 2007/8961
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