Category Archives: s. 127

JB v Regina [2012] NSWCCA 12 (17 February 2012)

http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/12.html

CRIMINAL LAW – appeal – conviction – admissions – s 90 Evidence Ac 1995 – whether the trial judge should have admitted admissions made by an accused to a community support person.

CRIMINAL LAW – appeal – conviction – misdirection in presentation of defence case to jury – whether self-defence should have been put to the jury.

CRIMINAL LAW – appeal – sentence – wrong statutory ratio of parole to non-parole period – s 44 Crimes (Sentencing Procedure) Act 1999.

CRIMINAL LAW – appeal – sentence – whether the sentence was manifestly excessive – whether trial judge considered all mitigating factors – s 21A(3) Crimes (Sentencing Procedure) Act 1999.

Evidence Act 1995 (NSW), ss 90, 118, 126, 127