NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Boatswain v R [2019] NSWCCA 238 Hearing dates: 27 September 2019 Decision date: 09 October 2019 Before: Payne JA at [1]; Fullerton J at [2]; Adamson J at [3] Decision: (1) Leave to appeal against sentence granted.
(2) Appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – alleged failure to attribute sufficient weight to applicant's disadvantaged background – alleged manifest excess Legislation Cited: Crimes Act 1900 (NSW), ss 61D, 61E Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 25AA Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Category: Principal judgment Parties: John Kenneth Boatswain (Applicant) Regina (Respondent) Representation: Counsel: I McLachlan (Applicant) D Patch (Respondent)
Solicitors: Toomey Defence Lawyers (Applicant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/333757 Decision under appeal Court or tribunal: District Court of New South Wales at Parramatta Jurisdiction: Crime Date of Decision: 28 September 2018 Before: Bennett SC DCJ File Number(s): 2015/333757
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