REGINA v. PUAFISI [2001] NSWCCA 439

New South Wales Court of Criminal Appeal

CITATION : REGINA v. PUAFISI [2001] NSWCCA 439 revised - 7/19/2002 FILE NUMBER(S) : CCA No. 60840 of 2000 HEARING DATE(S) : Tuesday 30 October 2001 JUDGMENT DATE : 30 October 2001

PARTIES : REGINA v. PUAFISI, Fisiatina JUDGMENT OF : Ipp AJA at 1/8; Studdert J at 9; Greg James J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/3146 LOWER COURT JUDICIAL Sorby, DCJ. OFFICER :

COUNSEL : Crown: W.G. Dawe, QC. App: In person SOLICITORS : Crown: S.E. O'Connor App: In person CATCHWORDS : Criminal law - sentence - technical defects in sentencing of primary judge - sentence re-crafted. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Regulation 2000 CASES CITED: N/A DECISION : Appeal allowed; sentence quashed; the applicant, in lieu of the sentence passed by the trial judge, be sentenced to a period of imprisonment for two years, five months, 10 days to date from 9 May 2000; a non parole period of 22 months be imposed in respect of that sentence to date from that date; the applicant be ordered to be released on parole on 8 March 2002; in that order the applicant is to be subject to the supervision of the Probation and Parole Service, the order being made in accordance with Form 3 to the Crimes (Sentencing Procedure) Regulation 2000 upon the standard conditions; in accordance with the Act, the applicant has been informed of his release date.

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

No. 69840 of 2000