Court of Criminal Appeal
New South Wales
Case Title: Warner (AKA Jeremy Pachenko) v Regina Medium Neutral Citation: [2013] NSWCCA 10 Hearing Date(s): 27/11/2012 Decision Date: 13 February 2013 Before: Hoeben JA at [1]
Davies J at [2]
Campbell J at [3]Decision: 1. Leave to appeal granted.
2. Appeal dismissed.Legislation Cited: -Crimes Act 1900 (NSW)
-Crimes (Sentencing Procedure) Act 1999 (NSW)
-Criminal Appeal Act 1912 (NSW)
-Criminal Procedure Act 1986 (NSW)Cases Cited: -BP v R. [2010] NSWCCA 159; 201 A Crim R 379
-Collector of Customs v Pozzolanic [1993] FCA 456; 43 FCR 280
-Dare v Pulham [1982] HCA 70; 148 CLR 658
-Gommesen v R. [2012] NSWCCA 226
-Hall v Van der Poel [2009] NSWCA 436
-Hili v the Queen [2010] HCA 45; 242 CLR 520
-Markarian v the Queen [2005] HCA 25; 228 CLR 357
-Minister for Immigration and Ethnic Affairs v Wu [1996] HCA 6; 185 CLR 259
-Muldrock v The Queen [2011] HCA 39; 244 CLR 120
-Pearce v The Queen [1998] HCA 57; 194 CLR 610
-R. v Fernando (1992) 76 A Crim R 58
-R. v. Harris (2007) 171 A Crim R 267
-R. v Logan [2012] QCA 210
-R. v Majors (1991) 27 NSWLR 624
-R. v Mason [2005] NSWCCA 403;
-R. v. Merrin (2007) 174 A Crim. R 100
-R. v Mills [1998] 4 VR 235
-R v. XX (2009) 195 A Crim R 38
-R. v Salameh (1991) 55 A Crim R 384
-R. v Simpson [2001] NSWCCA 534; 53 -NSWLR 704
-Veen v The Queen [No. 2] [1988] HCA 14; 164 CLR 465
-Waterways Authority v Fitzgibbon [2005] HCA 57; 79 ALJR 1816
-Wong v The Queen [2001] HCA 64; 207 CLR 584 at 605Category: Principal judgment Parties: John Warner (Applicant)
Crown (Respondent)Representation - Counsel: Counsel:
A. Francis (Applicant)
M. Cinque (Crown)- Solicitors: Solicitors:
Aboriginal Legal Service (Applicant)
Solicitor for Public Prosecutions (Respondent)File Number(s): 2010/387013 Decision Under Appeal - Court / Tribunal: District Court - Before: Judge Black Q.C. - Date of Decision: 27 July 2011 - Court File Number(s): 2010/387013
JUDGMENT
Hoeben JA: I agree with Campbell J.
Davies J: I agree with Campbell J.
Campbell J: The applicant seeks leave to appeal against sentences imposed upon him by his Honour Judge Black Q.C. in the District Court of New South Wales at Lismore on 22nd July 2011. The offences, to which he pleaded guilty at the first available opportunity, occurred on 21st November 2010. They were two charges of the same nature occurring at different places on the same day. Each of them was contrary to s.112(2) Crimes Act 1900 (NSW). Each involved breaking into a shop, in company, causing some damage and stealing a relatively modest amount of property, on the first charge, principally alcohol; and in the second,…
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- Case
- [2013] NSWCCA 10
- Decision Date
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