Rotner v R [2011] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rotner v R [2011] NSWCCA 207 Hearing dates: 5 August 2011 Decision date: 08 September 2011 Before: McClellan CJ at CL at 1 Simpson J at 2 Fullerton J at 75 Decision: Leave to appeal refused. Catchwords: CRIMINAL LAW - application for leave to appeal against interlocutory judgment or order - s 5F(3) Criminal Appeal Act 1912 - charge of wounding with intent to cause grievous bodily harm - plea of guilty entered - application for leave to withdraw plea of guilty - application refused - claim of inadequate legal advice - strength of prosecution case - unavailability of defence of accident - accident not previously raised - no error in application of principles - no error in rejecting evidence tendered on behalf of applicant - leave to appeal refused. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Lawson v The Queen [2011] NSWCCA 44 Liberti (1991) 55 A Crim R 120 R v Davies (1993) 19 MVR 481 R v Kouroumalos [2000] NSWCCA 453 R v Murphy [1965] VR 187 R v Sargiv (1986) 22 A Crim R 73 R v Wilkes [2001] NSWCCA 97 Category: Principal judgment Parties: Daniel Samuel Asher Rotner (Applicant) Regina (Respondent) Representation: Counsel S Odgers SC (Applicant) D Arnott SC (Respondent) Solicitors Levitt Robinson (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 10/89209 Decision under appeal Citation: N/A Date of Decision: 2011-06-15 00:00:00 Before: Knox DCJ File Number(s): 10/89209