NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SHILLINGSWORTH, Richard v R [2010] NSWCCA 19
HEARING DATE(S): 10 February 2010
JUDGMENT DATE: 10 March 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 3
DECISION: 1. Grant leave to appeal. 2. Dismiss the appeal.
CATCHWORDS: CRIMINAL LAW – appeal against sentence – assault and contravention of prohibition or restriction in an order – whether trial judge denied the applicant procedural fairness - whether trial judge erred in his consideration of applicant's remorse – whether trial judge erred in failing to find special circumstances – whether sentence is manifestly excessive – no error found - leave to appeal granted but appeal dismissed.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED : Clare v R [2008] NSWCCA 30; (2008) 181 A Crim R 450
PARTIES: Richard Shillingsworth (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/11078
COUNSEL: R W Burgess (Applicant) J A Girdham (Respondent)
SOLICITORS: S E O'Connor, Solicitor for Legal Aid New South Wales (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11078
LOWER COURT JUDICIAL OFFICER: King DCJ
LOWER COURT DATE OF DECISION: 27 January 2009
IN THE COURT OF CRIMINAL APPEAL 2008/11078
McCLELLAN CJ at CL HOWIE J HARRISON J
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