Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nurzynski v The Queen [2000] FCA 1860
CRIMINAL LAW – attempted armed robbery – appeal against severity of sentence of five years imprisonment with two and a half years non-parole – sentencing judge's omission to mention possibility of treatment order – whether a failure to consider all other available penalties under s 429C of the Crimes Act 1900 (ACT) – whether reference to "leniency" indicative of error – whether reference to appellant "hoodwinking jury" indicative of error – no error demonstrated. Crimes Act 1900 (ACT), s 429, s 429A, s 429B, s 429C Drugs of Dependence Act 1989 (ACT), s 122, s 124 Sentencing Act 1991(Vic), s 5 Sentencing Act 1995 (WA) Crimes Act 1914, s 16A Stafford v The Queen (1997) 79 FCR 1 Dinsdale v The Queen [2000] HCA 54; 175 ALR 315 R v Dole [1975] VR 754 Ferrier-Ellis (1991) 55 A Crim R 231 ADAM PAUL NURZYNSKI v THE QUEEN A 39 of 2000 MILES, O'LOUGHLIN and MATHEWS JJ 18 DECEMBER 2000 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A39 OF 2000
On Appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: ADAM PAUL NURZYNSKI
Appellant
AND: THE QUEEN
Respondent
JUDGES: MILES, O'LOUGHLIN and MATHEWS JJ
DATE OF ORDER: 17 NOVEMBER 2000
DATE OF JUDGMENT: 18 DECEMBER 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The appeal be dismissed and the sentence be confirmed. 2. There be no order as to costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A39 OF 2000
On Appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: ADAM PAUL NURZYNSKI
Appellant
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