NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: BROOKS v REGINA [2009] NSWCCA 265
HEARING DATE(S): Tuesday 22 September 2009
JUDGMENT DATE: 3 November 2009
JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 2; Hall J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - applicant pleaded guilty to 2 counts of aggravated dangerous driving causing grievous bodily harm - applicant suffered injuries - whether sentencing judge failed to take into account extra curial punishment of applicant into mitigation - sentencing judge adequately took into account the applicant's injuries and the effect upon his health and experience in gaol - appeal dismissed
LEGISLATION CITED: Crimes Act 1900
Regina v Allpass (1993) 72 A Crim R 561 Regina v Azar [2000] NSWCCA 26 Regina v Badanjak [2004] NSWCCA 395 CASES CITED : Regina v Burrell (2004) 114 A Crim R 207 Regina v Daetz; Regina v Wilson (2003) 139 A Crim R 398 Regina v Clampitt-Wotten (2002) 37 MVR 340 Regina v Smith (1987) 44 SASR 587 at 589 Whybrow v Regina [2008] NSWCCA 270
PARTIES: Kevin BROOKS v REGINA
FILE NUMBER(S): CCA No 2007/14767
COUNSEL: C: M Grogan A: M Dennis
SOLICITORS: C: S Kavanagh A: S O'Connor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/1234
LOWER COURT JUDICIAL OFFICER: Graham ADCJ
LOWER COURT DATE OF DECISION: 8 August 2008
IN THE COURT OF CRIMINAL APPEAL 2007/14767
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