NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rosenburg v R [2009] NSWCCA 148
HEARING DATE(S): 15 May 2009
JUDGMENT DATE: 10 July 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Simpson J at 318
Appeal against conviction dismissed. DECISION: Leave to appeal against sentence granted. Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW — grievous bodily harm — competence of trial counsel — miscarriage of justice by reason of counsel's conduct of trial — whether verdict unreasonable
LEGISLATION CITED: Crimes Act Criminal Appeal Act
CATEGORY: Principal judgment
Ali v The Queen (2005) 214 ALR 1 DPP v Smith (1961) AC 290 Jones v The Queen (1997) 191 CLR 439 CASES CITED : M v The Queen (1994) 181 CLR 487 Nudd v The Queen (2006) 80 ALJR 614 Seymour v The Queen (2006) 162 A Crim R 576 TKWJ v The Queen (2002) 212 CLR 124
PARTIES: Rosenburg, Joseph Stephen The Crown
FILE NUMBER(S): CCA 2007/4865
COUNSEL: Self represented (Appellant) J Dywer (Crown)
SOLICITORS: Self represented Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0354
LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
LOWER COURT DATE OF DECISION: 26 October 2007
IN THE COURT OF CRIMINAL APPEAL 2007/4865
McCLELLAN CJ at CL JAMES J SIMPSON J
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