Regina v Vitsos [2001] NSWCCA 528

New South Wales Court of Criminal Appeal

CITATION : Regina v Vitsos [2001] NSWCCA 528 FILE NUMBER(S) : CCA 60335/01 HEARING DATE(S) : 10/12/01 JUDGMENT DATE : 10 December 2001

PARTIES : Regina v Nicholas VITSOS JUDGMENT OF : Greg James J at 19; Whealy J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0037 LOWER COURT JUDICIAL Armitage DCJ OFFICER :

COUNSEL : L.M.B. Lamprati - Crown H. Dhanji - Applicant SOLICITORS : S.E. O'Connor - DDP D. J. Humphreys - Legal Aid Commission

Keong (2001) NSWCCA 416 at para 15 Andrews (2001) NSWCCA 428 at para 8 CASES CITED: Haines (2001) NSWCCA 256 at para 16 Hamilton Hughes (2001) NSWCCA 264 at para 4 Lay (2000) NSWCCA 30 at para 21 Vireak Long 2001 NSWCCA 159 at para 15 DECISION : I propose that leave to appeal be granted but the appeal be dismissed

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60335/01

GREG JAMES J WHEALY J

MONDAY 10 December 2001 REGINA v Nicholas VITSOS

Judgment 1 WHEALY J: This is an application for leave to appeal arising out of a sentence imposed by Armitage DCJ on 1 June 2001. The applicant pleaded guilty to five counts of break, enter and steal committed during the period 6 February 1997 and 13 July 1999. The maximum penalty for each offence is imprisonment of fourteen years. The sentences imposed were as follows: for offences committed on 2 March 1999 and 13 July 1999 the applicant was sentenced to concurrent terms of imprisonment of four years, to commence on 1 June 2001 and to expire on 31 May 2005, with a non-parole period of three years to expire on 31 May 2004.