Nassr v R [2015] NSWCCA 284 (17 November 2015)

CRIMINAL LAW – conviction – leave to appeal out of time – miscarriage of justice – offence of breaking and entering dwelling-house and committing serious indictable offence “therein” in circumstances of aggravation under s 112(2) of Crimes Act 1900 (NSW) – serious indictable offence not committed in dwelling-house – agreed facts cannot in law support conviction of offence charged – error conceded by Crown

Michelle Rabsch appeared as junior to Natalie Adams SC for the Crown