NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v ELPHICK [2010] NSWCCA 112
HEARING DATE(S): 19 April 2010
JUDGMENT DATE: 25 May 2010
JUDGMENT OF: Allsop P at 1; Grove J at 2; Hislop J at 52
DECISION: Crown appeal allowed in part. Respondent resentenced.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Assault occasioning actual bodily harm and affray - Offences arising out of same events - Election by Director of Public Prosecutions to remove from Local Court - Inhibition on so doing in respect of one charge by reason of plea and tender of facts in Local Court - Error in perception that sentence restricted to jurisdictional limit of Local Court on elected charge - No requirement for restraint to Local Court level of available maximum to avoid double punishment - Significantly high level of objective criminality
Crimes Act 1900 LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v JW [2010] NSWCCA 49 R v Thomson & anor (2000) 49 NSWLR 383
PARTIES: REGINA - Appellant James Joseph ELPHICK - Respondent
FILE NUMBER(S): CCA 2009/8956
COUNSEL: D Arnott SC - Appellant/Crown J Stratton SC - Respondent
SOLICITORS: S Kavanagh - Solicitor for DPP - Appellant S O'Connor - Legal Aid Commission - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/8956
LOWER COURT JUDICIAL OFFICER: Conlon DCJ
LOWER COURT DATE OF DECISION: 5 August 2009
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