NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Black v R [2010] NSWCCA 321
HEARING DATE(S): 9 November 2010
JUDGMENT DATE: 17 December 2010
JUDGMENT OF: Simpson J at 1; Kirby J at 2; Schmidt J at 3
DECISION: Leave to appeal granted. Appeal dismissed
CATCHWORDS: CRIMINAL LAW - leave to appeal sentence - whether sentencing judge failed to apply Guideline judgment R v Whyte and if so whether head sentence was calculated from wrong starting point - no error established - whether sentence imposed was manifestly excessive - not established - leave to appeal granted - appeal dismissed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Georgopolous v R [2010] NSWCCA 246 CASES CITED : Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 R v Whyte [2002] NSWCCA 343; (2002) 55 NSWLR 252
PARTIES: Mitchell Black - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2009/9444
COUNSEL: Applicant - Mr B Brown Respondent - Ms S Dowling
SOLICITORS: Applicant - J Byrnes Respondent - S Kavanagh (Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/9444
LOWER COURT JUDICIAL OFFICER: Murrell J
LOWER COURT DATE OF DECISION: 16 December 2009
- 18 - IN THE COURT OF CRIMINAL APPEAL 2009/3749
SIMPSON J KIRBY J SCHMIDT J FRIDAY, 17 DECEMBER 2010 BLACK v R
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