NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Cao v Regina [2010] NSWCCA 109
HEARING DATE(S): 13 May 2010
JUDGMENT DATE: 21 May 2010
JUDGMENT OF: Macfarlan JA at 1; Johnson J at 2; RA Hulme J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - evidence - credibility - prior inconsistent statements - failure to put matters to witness - findings of fact by sentencing judge not disturbed unless findings not open - CRIMINAL LAW - sentence - relevant factors - assessment of objective seriousness of offence - whether sufficient weight given to subjective features
Criminal Code 1995 (Cth) LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
CATEGORY: Principal judgment
O'Neil-Shaw v R [2010] NSWCCA 42 CASES CITED : R v Olbrich [1999] HCA 54; 199 CLR 270 Regina v Baker [2000] NSWCCA 85 Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247; 173 A Crim R 458
PARTIES: Ying CAO (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/00015394; 2008/00012288
COUNSEL: Mr N Parsons (Applicant) Mr N Adams (Respondent)
SOLICITORS: Ren Zhou Lawyers Commonwealth Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/11/0429; 2008/11/0761
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 9 October 2009
- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/15394 2008/12288
MACFARLAN JA JOHNSON J R A HULME J
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