R v SIMPSON [2001] NSWCCA 297

The appeal was not determined, and the matter was listed for further hearing before a reconstituted bench to consider the correctness of Hameed regarding s44 of the Sentencing Act.

Parties: Crown: Regina; Applicant: Neil Andrew Simpson
Jurisdiction: Australia
Judgment Date: 09 August 2001
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome: The application will be relisted for further hearing before a bench of five judges. Parties are directed to file supplementary submissions on the issues raised.
Legal Topics: Sentencing, Special Circumstances, Leave to Reargue Correctness of R V Hameed [2001] NSWCCA 287

Criminal Law Sentencing Special Circumstances Leave to Reargue Correctness of R V Hameed [2001] NSWCCA 287

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Parties

Regina

Crown

Neil Andrew Simpson

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

1 Whether the sentencing judge erred by failing to find 'special circumstances'
2 Whether the judgment disclosed adequate reasons regarding special circumstances
3 Whether R v Hameed [2001] NSWCCA 287 correctly identified a dichotomy in approaches to 'special circumstances'

Ratio Decidendi

The appeal was not determined, and the matter was listed for further hearing before a reconstituted bench to consider the correctness of Hameed regarding s44 of the Sentencing Act.

Court Disposition

The application will be relisted for further hearing before a bench of five judges. Parties are directed to file supplementary submissions on the issues raised.

Orders

The matter will be listed for further hearing on a date to be fixed by the Registrar.
Applicant's supplementary submissions to be filed within 14 days.