NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Kandalepas v R [2024] NSWDC 447 Hearing dates: 28 August 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The appeal against the convictions is dismissed. (2) Appeal against severity is allowed. (3) I confirm the penalty imposed by the Magistrate except that I reduce the community service to 100 hours. Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court — By person convicted against conviction CRIME — Violent offences — Common assault CRIME — Violent offences — Stalking or intimidation Legislation Cited: Crimes (Appeal and Review) Act 2001 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 Category: Principal judgment Parties: Vagelis Kandalepas (Appellant) Rex (Respondent) Representation: Counsel:
Solicitors: James and Jaramillo Lawyers (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2020/92694 Publication restriction: None Decision under appeal Court or tribunal: Newtown Local Court Jurisdiction: Local Court Date of Decision: 19 May 2023 Before: Magistrate Bartley File Number(s): 2020/92694
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