NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: John Goss v R [2009] NSWCCA 190 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16/07/2009 JUDGMENT OF: Hodgson JA at 1, 23, 25; Howie J at 2; Fullerton J at 24
EX TEMPORE JUDGMENT DATE: 16 July 2009
DECISION: Leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Criminal Law - Appeal against sentence - No error asserted in sentence - Fresh evidence - Applicant prevented from having parole transferred to Victoria - no jurisdiction to review administrative decision - not exceptional case warranting intervention by court.
Crimes Act (NSW) 1900 (now repealed) - s 76 LEGISLATION CITED: Parole Orders (Transfer) Act 1983 Crimes (Administration of Sentences) Act 1999 - 235B
CATEGORY: Principal judgment
R v Cartwright (1999) 17 NSWLR 243 R v Vachalec [1981] NSWLR 353 CASES CITED : R v Ehrenburg (NSWCCA, unreported, 14 December 1990) R v Ashton [2002] NSWCCA 498; 137 A Crim R 73 R v Keir [2004] NSWCCA 106
PARTIES: John Goss v Regina
FILE NUMBER(S): CCA 2008/8588
COUNSEL: M Grogan - Crown Applicant appeared in person
SOLICITORS: S Kavanagh - Crown Applicant appeared in person
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/8588
LOWER COURT JUDICIAL OFFICER: Boulton DCJ
LOWER COURT DATE OF DECISION: 07/11/2008
iN THE COURT OF CRIMINAL APPEAL 2008/8588
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