Clark v R [2012] NSWCCA 158

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v R [2012] NSWCCA 158 Hearing dates: 27 April 2012 Decision date: 01 August 2012 Before: Basten JA at [1] Johnson J at [2] Garling J at [54] Decision: Leave to appeal against conviction refused. Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW - appeal - murder - Applicant pleads guilty to shooting murder of grandfather - Applicant gives evidence for Crown at trial of Applicant's co-accused (father) - Applicant seeks leave to appeal against conviction - claim of miscarriage of justice arising from Applicant's legal representation - no merit in conviction grounds - Applicant given prudent and realistic advice to plead guilty - findings on sentence not unfavourable to Applicant - leave to appeal against conviction refused - appeal against sentence - challenge to findings of fact by sentencing Judge - reliance upon Applicant's post-sentence transgender status - no merit in sentence grounds - leave to appeal against sentence refused Legislation Cited: Criminal Appeal Act 1912 Cases Cited: Rasic v R [2009] NSWCCA 202 R v Clark (No. 3) [2008] NSWSC 795 Clark v R [2010] NSWCCA 94 Clark v The Queen [2010] HCATrans 256 Thalari v R [2009] NSWCCA 170; 75 NSWLR 307 R v Birks (1990) 19 NSWLR 677 TKWJ v The Queen [2002] HCA 46; 212 CLR 124 Ali v The Queen [2005] HCA 8; 79 ALJR 662 Nudd v The Queen [2006] HCA 9; 80 ALJR 614 R v Cornwell [2003] NSWSC 97; 57 NSWLR 82 Aoun v R [2011] NSWCCA 284 Norrie v R [2008] NSWCCA 185 Springer v R [2007] NSWCCA 289; 177 A Crim R 13 Category: Principal judgment Parties: Ben Richard Clark (now known as Stephanie Elizabeth Clark) (Applicant) Regina (Respondent) Representation: Counsel: Applicant in Person Mr RA Herps (Respondent) Solicitors: Solicitor for Public Prosecutions (Respondent) File Number(s): 2006/4313 Decision under appeal Date of Decision: 2007-08-24 00:00:00 Before: Patten AJ File Number(s): 2006/2651