NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: C-P v R [2009] NSWCCA 291
HEARING DATE(S): 30 October 2009
JUDGMENT DATE: 11 December 2009
JUDGMENT OF: McClellan CJatCL at 1; Fullerton J at 10; McCallum J at 11
DECISION: (1) Leave to appeal granted. (2) Appeal dismissed.
CATCHWORDS: SENTENCING – armed robbery – accessory after the fact – concealing a serious indictable offence – appropriateness of offences listed on Form 1 – supervisory role of the court in relation to Form 1 offences - SENTENCING – whether sentencing judge gave sufficient weight to uncontested evidence of psychologist – sentencing judge rejected uncontested expert evidence that offender was of low intelligence - SENTENCING – whether sentencing judge properly considered s 6 Children (Criminal Proceedings) Act - SENTENCING – parity – no question of principle
Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
DB v R [2007] NSWCCA 27 Eedens v R [2009] NSWCCA 254 House v The King [1936] HCA 40; (1936) 55 CLR 499 CASES CITED : Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Postiglione v The Queen [1999] HCA 26; (1997) 189 CLR 295 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 Re Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) [2002] NSWCCA 518; 137 A Crim R180
PARTIES: C-P (Applicant) Regina (Respondent)
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