R v Elmir; R v Salami [2003] NSWCCA 192

New South Wales Court of Criminal Appeal

CITATION : R v Elmir; R v Salami [2003] NSWCCA 192 HEARING DATE(S) : 2 July 2003 JUDGMENT DATE : 2 July 2003

JUDGMENT OF : Mason P at 1; Dowd J at 32; Adams J at 2 DECISION : In respect of Elmir: Count 1 -Sentence below quashed. Substituted therefor a sentence of two years to commence on 28 February 2003 with a non-parole period of one year; Count 2 - A fixed term of imprisonment of nine months to commence on 28 February 2003 to be served concurrently; In respect of Salami: Count 1 - The sentence below be quashed. Substituted therefor a term of imprisonment of one year and nine months with a non parole period of nine months. Count 2 - A fixed term of imprisonment of nine months. Both sentences to commence on 28 February 2003.

CATCHWORDS : Sentence - Crown appeal - home invasion - payback for attack on young brother of one offender - whether mitigation - periodic detention increased to full time imprisonment LEGISLATION CITED : s5D of the Criminal Appeal Act, 1912 ss 44, 88 and 89 of the Crimes (Sentencing Procedure) Act, 1999 The Crown (Appellant) Fawaz Mohammed Elmir (Respondent) PARTIES : The Crown (Appellant) Jamal Salami (Respondent) FILE NUMBER(S) : CCA 60090/03; 60091/03 COUNSEL : G I O Rowling (Crown) J Dailly SC (Respondents) SOLICITORS : S E O'Connor (Crown) James A Hall (Respondents)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/0263 & 02/21/0264 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL