REGINA v Craig Phillip DELUCA [2002] NSWCCA 446

New South Wales Court of Criminal Appeal

CITATION : REGINA v Craig Phillip DELUCA [2002] NSWCCA 446 FILE NUMBER(S) : CCA 60521/01 HEARING DATE(S) : 11/11/02 JUDGMENT DATE : 11 November 2002

PARTIES : Regina Craig Phillip DELUCA (Applicant) JUDGMENT OF : Wood CJ at CL at 31; Dowd J at 32; Bell J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0477 LOWER COURT JUDICIAL Freeman DCJ OFFICER :

COUNSEL : W.G. Dawe QC (Crown) T.S. Corish (Applicant) SOLICITORS : SE O'Connor DJ Humphries (Applicant)

Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Summary Offences Act 1998 Cameron v The Queen [2002] HCA 6; ALJR 382 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 R v Sharma [2002] NSWCCA 142; 54 NSWLR 300 R v Thomson & Houlton [2000] NSWCCA 309; 49 NSWLR 383 DECISION : Leave to appeal against the severity of the sentences granted; Appeal allowed in each case; Quash the sentences imposed in the District Court, and in lieu thereof the applicant sentenced in respect of Count 1 to a sentence of three years and three months imprisonment to date from 6 March 2001; Non-parole period of two years and four months to expire on 5 July 2003; In respect of Count 2 the applicant sentenced to a term of three years and nine months imprisonment to date from 6 July 2003. That sentence will expire on 5 April 2007; Non-parole period of two years and two months to date from 6 July 2003; The first date upon which the applicant will be eligible for consideration for release on parole is 5 September 2005