NSWCCANew South Wales Court of Criminal Appeal (Australia)
References in periodicals archive ?
Cf TJ v The Queen [2009] NSWCCA 257 (21 October 2009) [62] (McClellan CJ at CL), where it was considered that 'a trial judge is not constrained to a particular formulation of the substance of the [Longman] warning'.
91) Em v The Queen [2006] NSWCCA 336 (Unreported, Giles JA, Grove and Hidden JJ, 3 November 2006).
Cf R v Finnie [2002] NSWCCA 533 (Unreported, Spigelman CJ, Dunford and Howie JJ, 17 December 2002), where the obtaining of a cheque was particularised as obtaining a valuable thing, and the obtaining of credit balances in a bank account as obtaining a financial advantage.
7) In the case of R v Silvano [2008] NSWCCA 118, a prisoner was anally raped and punched in the head whilst serving time for several offences, the most serious being murder.
Mr Lodhi's submission to the NSWCCA challenged the constitutionality of s 31 (8).
R v Carrion, [2000] NSWCCA 191 at paras 25-26; R v Gu, [2006] NSWCCA 104 at para 27; Mitchell vR, [2008] NSWCCA 192 at paras 18-19.
Portions of the summary provided in Hunter at [40] (including [40(7)]) were quoted by Kourakis J in HLtd v J (2010) 240 FLR 402, [40], and both of the above-cited passages from Hunter were quoted by Johnson J in Justins v R [2010] NSWCCA 242, [357] and [360].
2005] NSWCCA 170 (9 June 2005) for judicial reluctance to recognise