NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McCartney v R [2009] NSWCCA 244
HEARING DATE(S): 16 September 2009 JUDGMENT OF: Spigelman CJ at 28; McClellan CJatCL at 29; Grove J at 2
EX TEMPORE JUDGMENT DATE: 16 September 2009
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sexual intercourse without consent knowing the complainant is not consenting - Sentence - Late plea of guilty - Head sentence less than half prescribed standard non-parole period - Obvious assessment of offence in low range of culpability - Statement by complainant tendered without objection - No error in account given by judge to content
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Regulation 10 (2)
CATEGORY: Principal judgment
Olbrich v The Queen (1999) 199 CLR 270 CASES CITED : R v Slack [2004] NSWCCA 128 R v Thomas [2007] NSWCCA 269
PARTIES: Garret Hew McCARTNEY - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2008/8793
COUNSEL: N Carroll - Applicant F Veltro - Respondent/Crown
SOLICITORS: George Sten & Co - Applicant Solicitor for Pubilc Prosecutions - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/8793
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
LOWER COURT DATE OF DECISION: 5 December 2008
IN THE COURT OF CRIMINAL APPEAL CCA 2008/8793
SPIGELMAN CJ McCLELLAN CJ at CL GROVE J
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