REGINA v KYROGLOU & TSOUKATOS [1999] NSWCCA 106

New South Wales Court of Criminal Appeal CITATION : REGINA v KYROGLOU & TSOUKATOS [1999] NSWCCA 106 FILE NUMBER(S) : CCA 60595/98; 60596/98 HEARING DATE(S) : 18/03/99-19/03/99 JUDGMENT DATE : 12 May 1999

PARTIES : Bill Kyroglou Theo Tsoukatos JUDGMENT OF : Spigelman CJ at 1; Wood CJ at CL at 4; Newman J at 7; Hulme J at 64; Simpson J at 83

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/0136; 98/21/0135 LOWER COURT JUDICIAL OFFICER : Prowse ADCJ

S J Odgers (Kyroglou) COUNSEL : S J Odgers (Tsoukatos) P G Berman (Crown) Konstan Lawyers (Kyroglou) SOLICITORS : Konstan Lawyers (Tsoukatos) R Gray (Crown) CATCHWORDS : CRIMINAL LAW; sentencing; break, enter and steal, s112(1) Crimes Act 1900; armed robbery, s97(1) Crimes Act 1900; robbery, s94 Crimes Act 1900; appropriate sentence; double jeopardy; discretion to dismiss Crown appeal despite inadequate sentence Crimes Act 1900 (NSW) ACTS CITED : Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Sentencing Act 1989 (NSW) DECISION : KYROGLOU; Appeal dismissed; TSOUKATOS; Appeal against sentence imposed for offence of armed robbery contrary to s97(1) of the Crimes Act 1900; 1 Appeal allowed; 2 Substitution of sentence of penal servitude for five years consisting of a minimum term of one year to commence on 14 February 1998 and to expire on 13 February 1999, and an additional term of four years to commence on 14 February 1999 and expire on 13 February 2003.; Appeal against sentence imposed for the offence of break, enter and steal contrary to s112(1) of the Crimes Act 1900; 1 Appeal dismissed; Appeal against sentence imposed for the offence of robbery contrary to s94 of the Crimes Act 1900; 1 Appeal dismissed