NSW Caselaw
Reported Decision: 206 A Crim R 316
New South Wales Court of Criminal Appeal
CITATION: Rajendran v R [2010] NSWCCA 322
HEARING DATE(S): 8 December 2010
JUDGMENT DATE: 17 December 2010
JUDGMENT OF: Simpson J at 1; Blanch J at 77; Garling J at 78
(i) appeal against conviction dismissed; DECISION: (ii) leave granted to appeal against sentence; (iii) appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW – particular offences – offences against the person – sexual offences – sexual intercourse without consent – aggravated sexual intercourse without consent – circumstance of aggravation - CRIMINAL LAW – appeal against conviction – amendment of indictment during trial – deletion of circumstance of aggravation – otherwise no new offence charged – statutory alternative – no deficit in indictment – whether amendment of indictment required appellant to be re-arraigned – no error established - CRIMINAL LAW – leave to appeal against sentence – whether sentence manifestly excessive – general sentencing considerations – no error established
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Doga v R [2009] NSWCCA 303; 198 A Crim R 349 Kamm v R [2007] NSWCCA 201 Lodhi v R [2006] NSWCCA 121; 199 FLR 303 CASES CITED : Mackay v The Queen [1977] HCA 22; 136 CLR 465 Maher v The Queen [1987] HCA 31; 163 CLR 221 Papadopoulos v R; Topcu v R [2007] NSWCCA 274 Park v R [2010] NSWCCA 151
PARTIES: Paul Diwakar Rajendran (Appellant) Regina (Respondent)
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