WILCOX v REGINA [2011] NSWCCA 42 (22 March 2011)


CRIMINAL LAW – appeal against conviction – multiple armed robberies – coincidence evidence – evidence correctly set out in notice – conflicting witness identification evidence – jury obliged to consider that evidence – no injustice in admitting that evidence – whether there was a rational view consistent with innocence for the jury to consider – no risk of unfair prejudice or miscarriage of justice – conviction appeal dismissed
Sentence appeal – trial judge applied standard non-parole period to s.97(2) offences – question is whether sentences excessive – trial judge must consider objective seriousness – care to be taken when considering Judicial Commission Statistics – maximum sentence determined by Parliament, not statistics – analysis of comparative sentences – sentence was impermissibly high – adjustment through accumulation