Regina v Mangolini [1999] NSWCCA 447

New South Wales Court of Criminal Appeal CITATION : Regina v Mangolini [1999] NSWCCA 447 FILE NUMBER(S) : CCA 60565/98 HEARING DATE(S) : 26 May 1999 JUDGMENT DATE : 26 May 1999

PARTIES : Regina v Anthony Mangolini JUDGMENT OF : Barr J at 1,28; McInerney AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Coleman DCJ

COUNSEL : P. Byrne SC & J. Peluso (Appellant) L.M.B. Lamprati (Crown) SOLICITORS : Direct Access (Appellant) C.K. Smith (Crown) CATCHWORDS : DECISION : Appeal allowed

IN THE COURT OF CRIMINAL APPEAL

60565/98

BARR J McINERNEY AJ Wednesday, 26 May 1999

REGINA v ANTHONY MANGOLINI

JUDGMENT 1 BARR J: I will ask McInerney AJ to give the first judgment. 2 McINERNEY AJ: The applicant, Anthony Mangolini, seeks leave to appeal against sentences imposed upon him by his Honour Judge Coleman in the District Court on 11 September 1998 for the following offences.

Count 1: Break, enter and steal . Count 2: Possess implements of safe-breaking and Count 3: Steal conveyance.

3 In respect to the break, enter and steal his Honour sentenced him to a minimum term of two years less 210 days that the applicant had served in pre-sentence custody, with an additional term of one year. The minimum term was to commence on 5 September 2000 and expire on 6 February 2002 and the additional term of twelve months was to commence on 7 February 2002 and expire on 5 February 2003. The starting point of the sentence was brought about by the fact that the applicant at the time of sentencing by Judge Coleman was already serving a prison sentence and that the minimum term of that sentence expired in September 2000.