NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CAR v R [2009] NSWCCA 138 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 29 April 2009
JUDGMENT DATE: 7 May 2009
JUDGMENT OF: Grove J at 1; Buddin J at 2; Price J at 57
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal law - appeal - sentencing - maliciously causing a poison to be taken by a person thereby endangering that person's life - victim is applicant's young son - whether sentencing judge sentenced applicant for more serious offence - whether applicant's mental illness appropriately taken into account - delay in disposition of proceedings - whether sentence manifestly excessive
CATEGORY: Principal judgment
R v Bailey [2001] VSC 461 R v Barker, R v Gibson [2006] NSWCCA 20 R v Black [2005] QCA 132 R v Engert (1995) 84 A Crim R 67 R v Hemsley [2004] NSWCCA 228 CASES CITED : R v Richards [2002] NSWSC 415 R v Shorten [2005] NSWCCA 106 R v Skipper (1992) 64 A Crim R 260 R v Thew NSWCCA, unreported 25 August 1998 R v Todd [1982] 2 NSWLR 517 The Queen v De Simoni (1981) 147 CLR 383
PARTIES: CAR (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/5022
COUNSEL: P Boulten SC (Applicant) P Miller (Respondent)
SOLICITORS: The Law Practice (Applicant) S Kavanagh (Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/5022
LOWER COURT JUDICIAL OFFICER: Neild DCJ
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