NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Mitchell v R [2010] NSWCCA 145
HEARING DATE(S): 18 June 2010
JUDGMENT DATE: 12 July 2010
JUDGMENT OF: Beazley JA at 1; Buddin J at 2; Barr AJ at 40
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - maliciously inflicting grievous bodily harm - whether sentencing judge failed to take into account various mitigating factors - whether sentencing judge contravened principles established in The Queen v De Simoni (1981) 147 CLR 383 - whether trial counsel incompetent
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Dunn v R [2010] NSWCCA 128 Nowak v R [2008] 183 A Crim R 526 R v Borkowski [2009] NSWCCA 102 R v Cage [2006] NSWCCA 304 R v Hunter [2010] NSWCCA 54 CASES CITED : R v McCullough [2009] NSWCCA 94 R v McEvoy [2010] NSWCCA 110 R v Mitchell and Gallagher [2007] 177 A Crim R 94 R v Sutton [2004] NSWCCA 225 The Queen v De Simoni (1981) 147 CLR 383 Trad v R [2009] NSWCCA 56
PARTIES: Raymond Gary Mitchell Regina
FILE NUMBER(S): CCA 2008/20677
COUNSEL: G Newton (Applicant) P Miller (Crown)
SOLICITORS: Goodhands Lawyers (Applicant) S Kavanagh (Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/20677
LOWER COURT JUDICIAL OFFICER: Black DCJ
LOWER COURT DATE OF DECISION: 8 September 2009
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