R v Edigarov [2001] NSWCCA 436

Reported Decision : 125 A Crim R 551

New South Wales Court of Criminal Appeal

CITATION : R v Edigarov [2001] NSWCCA 436 FILE NUMBER(S) : CCA 60328/01 HEARING DATE(S) : 5 October 2001 JUDGMENT DATE : 5 October 2001

PARTIES : Regina Mikhail Edigarov JUDGMENT OF : Wood CJ at CL at 1; Studdert J at 75; Bell J at 76

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 60328/01 LOWER COURT JUDICIAL Mahoney DCJ OFFICER :

COUNSEL : L M B Lamprati C Craigie SC SOLICITORS : S E O'Connor D J Humphreys CATCHWORDS : CRIMINAL LAW - appeals - Crown appeal against sentence - whether sentence manifestly lenient - common assault - assault of police officer occasioning actual bodily harm - kidnap - whether error of law in imposing a suspended sentence when respondent already subject to another sentence of imprisonment which had not been suspended - whether criminality involved could be appropriately dealt with by way of suspended sentence - whether objective seriousness of offence required accumulated sentence - subjective circumstances inappropriately outweighed objective criminality of the offence - double jeopardy and discretion - appeal allowed - necessary to re-sentence respondent and substitute further sentence of imprisonment. Crimes Act 1900 ss 58, 60(2), 61 LEGISLATION CITED : Crimes (Sentencing and Procedure) Act 1999 ss 12(2), 55(4) Crimes (Administration of Sentences) Act 1999 s 132 Criminal Appeal Act 1912 ss 5D DECISION : Appeal allowed. Respondent re-sentenced

IN THE COURT OF CRIMINAL APPEAL 60328/01 WOOD CJ AT CL STUDDERT J BELL J