NSW Caselaw
Reported Decision : 120 A Crim R 355
New South Wales Court of Criminal Appeal
CITATION : Regina v Saba [2001] NSWCCA 9 FILE NUMBER(S) : CCA 60112/99 HEARING DATE(S) : 13 March 2000; 11 December 2000 JUDGMENT DATE : 22 February 2001
PARTIES : Regina v James John Jamil Saba JUDGMENT OF : Simpson J at 1; Smart AJ at 2
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/51/0191 LOWER COURT JUDICIAL Ducker DCJ OFFICER :
COUNSEL : (A) Applicant in Person (C) C Maxwell QC SOLICITORS : (A) -- (C) S E O'Connor CATCHWORDS : Application of totality principle where accused dealt with in different States - Reduction of NSW sentence to give effect to Queensland practice. Parole Orders (Transfer) Act 1983 (NSW) LEGISLATION CITED : Parole Orders (Transfer) Act 1984 (Queensland) Queensland Corrective Services Act 1988 Corrective Services Act 1998 (Queensland) CASES CITED: R v Todd [1982] 2 NSWLR 517 at 519-520 Mili v The Queen (1988) 166 CLR 59 DECISION : Correct sentence is fixed term of imprisonment of 2 years and 3 months in lieu of sentence comprising a minimum term of 3 years and 6 months and an additional term of 18 months. The reason for using a fixed term is because of the imprisonment to follow in Queensland.
IN THE COURT OF CRIMINAL APPEAL CCA 060112/99
SIMPSON J SMART AJ
Thursday, 22 February 2001
REGINA v JAMES JOHN JAMIL SABA JUDGMENT
1 SIMPSON J : I concurred in the orders made on 11 December 2000 and I concur in the reasons for those orders now given by Smart AJ.
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