McDonald v R [2014] NSWCCA 127
The application for leave to appeal out of time was refused as the errors of fact alleged were not established and the psychologist's report was inadmissible as fresh or new evidence. The sentencing judge's findings on motivation and seriousness were reasonably open and no miscarriage was demonstrated.
- Parties
- Applicant: Nicole Joyce McDonald; Respondent: The Crown
- Jurisdiction
- Australia
- Judgment Date
- 14 July 2014
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Sentence Out of Time
- Outcome
- application for leave to appeal out of time refused
- Legal Topics
- Appeal Against Sentence, Specially Aggravated Break and Enter, Objective Seriousness, Motivation for Offending, Admissibility of Psychologist's Report as Fresh Evidence
Case Brief
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Parties
Nicole Joyce McDonald
Applicant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence Out of Time
Legal Issues
- 1 Whether the sentencing judge made an error of fact regarding the applicant's evidence about past sexual assaults
- 2 Whether a psychologist's report constituted fresh or new evidence and should be admitted on appeal
Ratio Decidendi
The application for leave to appeal out of time was refused as the errors of fact alleged were not established and the psychologist's report was inadmissible as fresh or new evidence. The sentencing judge's findings on motivation and seriousness were reasonably open and no miscarriage was demonstrated.
Court Disposition
application for leave to appeal out of time refused
Orders
- Application for leave to appeal out of time refused.
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