McGoldrick v Regina [2012] NSWCCA 7

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McGoldrick v Regina [2012] NSWCCA 7 Hearing dates: 6 December 2011 Decision date: 13 February 2012 Before: Bathurst CJ at 1 Simpson J at 2 Adamson J at 3 Decision: Leave to appeal refused Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - break, enter and steal offences on residential properties - whether adequate representation at sentencing - whether the sentence imposed was too severe - refusal by the Drug Court to follow the sentencing judge's recommendation that the applicant be accepted into a compulsory drug treatment program Legislation Cited: - Crimes Act 1900 (NSW) - s 112 (1) - Crimes (Sentencing Procedure) Act 1999 (NSW) - s 21A, s 32, s 44(2) - Criminal Appeal Act 1912 (NSW) - s 26 - Drug Court Act 1998 (NSW) - s 5A, s 18B Cases Cited: - R v Harris (2007) 171 A Crim R 267 - R v McNaughton (2006) 66 NSWLR 566 - R v McVittie [2002] NSWCCA 344 - R v Ponfield & Others (1999) 48 NSWLR 327 - Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Principal judgment Parties: Jason Anthony McGoldrick - Applicant Regina - Respondent Representation: Self represented - Applicant V Lydiard - Respondent Self represented - Applicant S Kavanagh - Respondent File Number(s): 2009/059891 Decision under appeal Date of Decision: 2010-03-23 00:00:00 Before: His Honour Judge Sides QC File Number(s): 2009/5989