R v Romanic [2000] NSWCCA 524

New South Wales Court of Criminal Appeal

CITATION : R v Romanic [2000] NSWCCA 524 revised - 14/12/2000 FILE NUMBER(S) : CCA 60625/00 HEARING DATE(S) : 28 November 2000 JUDGMENT DATE : 28 November 2000

PARTIES : Regina Milorad Romanic JUDGMENT OF : Wood CJatCL at 1; Dunford J at 35; Carruthers AJ at 36

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/2110 LOWER COURT JUDICIAL Sorby DCJ OFFICER :

COUNSEL : R Hulme for Crown (Applicant) B C Stratton QC for Respondent SOLICITORS : S E O'Connor

DECISION : Appeal allowed. Sentence quashed. In lieu, respondent sentenced to a period of imprisonment for 12 months, to commence from today (28/11/00) with a non parole period of 9 months from today, and to expire on 27 august 2001, The release of the respondent is directed at the expiration of the non parole period.

THE COURT OF CRIMINAL APPEAL

60625/00

WOOD CJ AT CL DUNFORD J CARRUTHERS AJ

TUESDAY 28 NOVEMBER 2000

REGINA v MILORAD ROMANIC

JUDGMENT

1 WOOD CJ AT CL: This is an appeal by the Director of Public Prosecutions, pursuant to section 5D of the Criminal Appeal Act 1912, against a sentence imposed upon the respondent following his plea of guilty to the offence of dangerous driving occasioning grievous bodily harm. 2 This offence is punishable by a maximum penalty of seven years' imprisonment - section 52A(3)(a) Crimes Act 1900. 3 On 31 August 2000, the respondent was sentenced by his Honour Judge Sorby, in the District Court, to 22 months' imprisonment with a non-parole period of 18 months, such sentence to be served by way of periodic detention. The sentence was specified to commence on 8 September 2000.