NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McKILLOP, Jamie Scott v R [2010] NSWCCA 126
HEARING DATE(S): 26 March 2010
JUDGMENT DATE: 11 June 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Rothman J at 3
DECISION: (i) Leave to appeal be granted; (ii) Appeal be dismissed.
CATCHWORDS: CRIMINAL LAW – appeal – sentence – break, enter and steal – aggravated break, enter and steal – 15 offences charged – 139 offences on Form 1 – no identifiable or manifest error – sentence reflects the number and seriousness of the offences
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Marshall v R [2007] NSWCCA 24 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 CASES CITED : R v Bavadra [2000] NSWCCA 292; (2000) 115 A Crim R 152 R v Huynh [2005] NSWCCA 220 R v MAK; R v MSK [2006] NSWCCA 381 R v Ponfield, In the Matter of the Attorney-General's Application (No 1) Under s26 of the Criminal Procedure Act; R v Ponfield; R v Scott; R v Ryan; R v Johnson [1999] NSWCCA 435; (1999) 48 NSWLR 327
PARTIES: Jamie Scott McKillop (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/11023
COUNSEL: R Button SC (Applicant) M Cinque (Respondent)
SOLICITORS: Legal Aid Commission of NSW (Applicant) Office of the Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11023
LOWER COURT JUDICIAL OFFICER: Conlon DCJ
LOWER COURT DATE OF DECISION: 16 December 2008
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