Gorrick v Regina [2006] NSWCCA 232
The appeal against conviction was dismissed because trial counsel acted in accordance with the appellant's instructions and were not incompetent; there was no error in admitting the police interview; and no error or excess in sentencing was demonstrated.
- Jurisdiction
- Australia
- Judgment Date
- 03 August 2006
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal against conviction dismissed; leave to appeal against sentence granted but appeal against sentence dismissed.
- Legal Topics
- ['sexual Offences' 'indecent Assault' 'sexual Intercourse With Minor' 'competency of Legal Representation' 'admissibility of Evidence' 'sentencing']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 ["Whether the appellant's legal counsel were incompetent and acted contrary to instructions, depriving him of a fair chance of acquittal" 'Whether the trial judge erred in not excluding ERISP evidence under s 138 of the Evidence Act' 'Whether the sentence was manifestly excessive or attended by error']
Ratio Decidendi
The appeal against conviction was dismissed because trial counsel acted in accordance with the appellant's instructions and were not incompetent; there was no error in admitting the police interview; and no error or excess in sentencing was demonstrated.
Court Disposition
Appeal against conviction dismissed; leave to appeal against sentence granted but appeal against sentence dismissed.
Orders
- ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']
Full Case Text
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