CITATION: RNM v Regina [2006] NSWCCA 375 HEARING DATE(S): 26 October 2006
JUDGMENT DATE:
27 November 2006JUDGMENT OF: Sully J at 1; Simpson J at 87; Hislop J at 95 DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed LEGISLATION CITED: Markarian v The Queen [2005] 79 ALJR 1048
R v JCE [2000] 120 A Crim R 18
R v Duffy: unreported, 13 October 1999
R v C (1994) 75 A Crim R 309
R v Huang (1994) 78 A Crim R 111
Iglesias v R [2006] NSWCCA 261
Jones v R (1993) 70 A Crim R 449
Starke (1992) 13 Criminal Appeal Reports (S548)
R v Pollitt [1992] HCA 35; 174 CLR 558
R v Bailey (1988) 35 A Crim R 458
R v Munday [1981] 2 NSWLR 177PARTIES: RNM
ReginaFILE NUMBER(S): CCA 2006/1880 COUNSEL: J. Girdham - Crown
J. Manuell - AppellantSOLICITORS: S. Kavanagh - Crown
S. E. O'Connor - AppellantLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/31/0296 LOWER COURT JUDICIAL OFFICER: Nield DCJ LOWER COURT DATE OF DECISION: 18 May 2005
2006/1880
27 November 2006SULLY J
SIMPSON J
HISLOP J
[NOTE: The Court has ordered that there be no publication of the name of the applicant or of any material from which his identity could be ascertained or of any part of the material in the sealed envelope, the contents of which were Exhibit W in the District Court.]
SULLY J:
1 The applicant, “Mr. M” as I shall call him, applies for leave to appeal against sentences of imprisonment that were passed upon him in the Gosford District Court on 18 May 2005.
2 The applicant was presented in that Court on 18 October 2004 for trial upon an indictment containing two counts. Count 1 charged the applicant with having detained for advantage and in circumstances of aggravation a named victim. Such an offence contravenes section 86(2) of the Crimes Act 1900 (NSW), and it attracts upon conviction a maximum penalty of imprisonment for 20 years. Upon any trial of such an offence it is open to the jury, should the jury not be satisfied that there were circumstances of aggravation, to return an alternative verdict of detaining a person for advantage. Such an alternative offence contravenes section 86(1) of the Crimes Act and attracts upon conviction a maximum penalty of imprisonment for 14 years. Count 2 charged the applicant with having assaulted the same victim occasioning to that victim actual bodily harm. Such an offence contravenes section 59 of the Crimes Act and attracts upon conviction a maximum penalty of imprisonment for 5 years.
3 The applicant pleaded upon arraignment not guilty to both of counts 1 and 2 in the indictment. A jury was empanelled and the applicant was put accordingly upon his trial. On the following day the applicant indicated that he wished to change his plea to count 2 in the indictment. He was accordingly re-arraigned…
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- RNM v Regina [2006] NSWCCA 375
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- [2006] NSWCCA 375
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