NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Kaddour [2002] NSWCCA 112 FILE NUMBER(S) : CCA 60565/00 HEARING DATE(S) : 4 March 2002 JUDGMENT DATE : 5 April 2002
PARTIES : Kalid Kaddour (Appellant) The Crown (Respondent) JUDGMENT OF : Stein JA at 1; Dowd J at 49; Buddin J at 50
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0496 LOWER COURT JUDICIAL Mahoney DCJ OFFICER :
COUNSEL : S J Odgers (Appellant) L M B Lamprati (The Crown) SOLICITORS : Galloways (Appellant) S E O'Connor (The Crown) CATCHWORDS : CRIMINAL LAW - driving in a manner dangerous and causing grievous bodily harm - appeal against conviction - fresh evidence - whether evidence was available at the time of the trial - appeal against sentence - sentence excessive. - N/D LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Gallagher v The Queen (1986) 160 CLR 392 Mickelberg v The Queen (1989) 167 CLR 259 CASES CITED: R v AT [2000] NSWCCA 342 R v Hemsley (Unreported, Court of Criminal Appeal, 8 December 1995) Ratten v The Queen (1974) 131 CLR 510 DECISION : 1) Appeal against conviction dismissed 2) Leave to appeal against sentence granted and the appeal allowed 3) Set aside the sentence imposed by the sentencing judge and, in lieu thereof, the appellant is sentenced to 4 years imprisonment to date from 3 March 2000 and to expire on 2 March 2004. A non-parole period of 3 years is set from the commencement of the sentence on 3 March 2000 to expire on 2 March 2003.
IN THE COURT OF CRIMINAL APPEAL 60565/01
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