REGINA v MAROUCHE [2001] NSWCCA 500

New South Wales Court of Criminal Appeal

CITATION : REGINA v MAROUCHE [2001] NSWCCA 500 FILE NUMBER(S) : CCA 60475/00 HEARING DATE(S) : 23 November 2001 JUDGMENT DATE : 23 November 2001

Regina

PARTIES : v

Fadal MAROUCHE JUDGMENT OF : Barr J at 1; Adams J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/2055 LOWER COURT JUDICIAL Sides DCJ OFFICER :

COUNSEL : Mr P Byrne SC (Applicant) Ms E A Wilkins (Crown) SOLICITORS : Ross Hill & Associates (Applicant) S E O'Connor (Crown)

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED: Cartwright v The Queen (1989) D17 NSWLR 243 R v Thomson and Houlton (2000) 49 NSWLR 383 DECISION : See paragraphs 23 and 28.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL 60475/00 BARR J ADAMS J

FRIDAY 23 NOVEMBER 2001 REGINA v Fadal MAROUCHE

JUDGMENT

1 BARR J: I will ask Justice Adams to give the first judgment. 2 ADAMS J: This is an application for leave to appeal from an effective sentence of twelve years with a non-parole period of eight years imposed on the applicant on 27 July 2000 in the District Court. 3 The applicant had pleaded guilty to the following offences on indictment and a further twenty-nine matters on a Form 1 which were taken into account in a sentence for count one. "Counts 1 and 2: Crimes Act s112(3) BES in circs of special aggravation (being armed with a dangerous weapon, namely a pistol) carrying a maximum penalty of 25 yrs Count 3: Crimes Act s112(2) BES with intent in circumstances of aggravation (being armed with a syringe containing Hepatitis C), maximum 20 yrs Count 4: Crimes Act s112(2) BES in circumstances of aggravation (being armed with a syringe containing Hepatitis C), maximum 20 yrs Count 5: Crimes Act s97(1) being armed (with a syringe) with intent to rob, maximum 20 yrs"