Regina v Karageorge [1999] NSWCCA 213

New South Wales Court of Criminal Appeal CITATION : Regina v Karageorge [1999] NSWCCA 213 revised - 05/08/99 FILE NUMBER(S) : CCA 60001/99 HEARING DATE(S) : 30 July 1999 JUDGMENT DATE : 30 July 1999

PARTIES : Regina v Constantine Karageorge JUDGMENT OF : Sperling J at 2; Spigelman CJ at 26; Simpson J at 30

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0863 LOWER COURT JUDICIAL OFFICER : Davidson DCJ

COUNSEL : Appellant (In person) J V Agius (Crown) SOLICITORS : Commonwealth DPP (Crown) CATCHWORDS : CRIMINAL LAW - sentencing - whether offender entitled to credit for time in custody pending trial, bail refused, notwithstanding concurrently serving a sentence for another conviction later quashed. CASES CITED: Baartman (Dunford J, 18 December 1998, unreported), Chung (CCA, 9 March 1994, unreported), David (CCA, 20 April 1995, unreported), Niass (CCA, 16 November 1988, unreported), Webster and Jones (CCA, 3 August 1992, unreported)) DECISION : Appeal allowed. Sentence set aside. Re-sentenced.

IN THE COURT OF CRIMINAL APPEAL

No. 60001/99

SPIGELMAN CJ SIMPSON J SPERLING J

Friday 30 July 1999 REGINA v Constantine KARAGEORGE JUDGMENT

1 SPIGELMAN CJ: I invite Mr Justice Sperling to give judgment in this matter. 2 SPERLING J: On 21 July 1994, the applicant was charged with offences which included being knowingly concerned in the commission of an offence against the law of the Commonwealth: Crimes Act 1914 (Cth), s 29B. The charges related to the applicant's complicity in an attempted fraud on the Australian Tax Office. He was then acting as solicitor for Mr Leonard McPherson and Mr McPherson's wife. He was granted bail. I will refer to this as matter 1.