CW v Regina [2011] NSWCCA 45

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CW v Regina [2011] NSWCCA 45 Hearing dates: 21st February 2011 Decision date: 22 March 2011 Before: Whealy JA at [1] Hidden J at [136] Johnson J at [138] Decision: (1) Appeal against conviction dismissed (2) Leave to appeal on sentence granted (3) Sentence appeal dismissed Catchwords: CRIMINAL LAW - Conviction appeal - unreasonable verdict - verdict not unreasonable - evidence available to satisfy a jury of appellant's involvement - sentence appeal - proportionality of sentence with other offenders - sentence not manifestly excessive - cruel and callous act involving need for general deterrence. Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 19(3) Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2) Cases Cited: Taber v R; Styman v R (2007) 170 A Crim R 427 at [102] R v Forbes (2005) 160 A Crim R 1 at [133] - [134] R v Green [1999] NSWCCA 97 at [24] R v Vongsouvanh [2004] NSWCCA 158 at [38] R v Alexander (1994) 78 A Crim R 141 at 144 R v Maguire (Unreported, NSW Court of Criminal Appeal, James, Grove and Hulme JJ, 30 August 1995) R v Troja (Unreported, NSW Court of Criminal Appeal, Kirby P, Grove and Newman JJ, 16 July 1991) R v Simpson (2001) 126 A Crim R 525 Category: Principal judgment Parties: CW (Appellant) Crown (Respondent) Representation: Counsel: G Turnbull SC / M Moody (Appellant) J Pickering (Crown) Solicitors: Randle Lawyers (Appellant) Director of Public Prosecutions (Crown) File Number(s): CCA 2009/1243 Decision under appeal Citation: [2009] NSWSC 1155 Date of Decision: 2009-10-30 00:00:00 Before: Hall J File Number(s): 1243/09