NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v JELISAVAC [2003] NSWCCA 107 HEARING DATE(S) : 18 December 2002 JUDGMENT DATE : 16 April 2003
JUDGMENT OF : Adams J at 1; Smart AJ at 13 DECISION : 1. Leave to appeal be granted 2. The appeal be allowed as to the sentences on Counts 3,8 & 9 and such sentences be quashed 3. In lieu thereof the applicant be sentenced as follows: (a) In respect of count 3 to 7 years 6 months imprisonment to commence 02.08.01 with a non-parole period of 3 years 6 months to expire on 01.02.05 (b) In respect of counts 8 & 9 to a fixed term of 2 years 3 months imprisonment to commence 02.11.02 and expire 01.02.05 4. The sentence in relation to count 4 is quashed and in lieu thereof is substituted a fixed term of 2 years 6 months to commence on 02.08.02 and expire on 01.02.05 5. The intended effect of these orders is that the head sentence is to remain the same but the non-parole period be reduced by 1 year
CATCHWORDS : Sentence appeal - plea of guilty - utilitarian value - effect of evidence of contrition LEGISLATION CITED : Criminal Appeal Act 1912 s 6(3) Crimes (Sentencing Procedure) Act 1999 s 44(2). CASES CITED : The Queen v Thomson & Houlton [2000] 49 NSWLR 383; 115 A Crim R 104 Regina PARTIES : v Michael Jelisavac FILE NUMBER(S) : CCA 60387/02 COUNSEL : A C Haesler (Crown) E A Wilkins (Accused) SOLICITORS : D J Humphries (Crown) S E O'Connor (Accused)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0135 FILE NUMBER(S) : LOWER COURT Freeman DCJ JUDICIAL OFFICER :
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