Regina v Maloukis [2002] NSWCCA 155

New South Wales Court of Criminal Appeal

CITATION : Regina v Maloukis [2002] NSWCCA 155 FILE NUMBER(S) : CCA 60121 of 2002 HEARING DATE(S) : 30 April 2002 JUDGMENT DATE : 30 April 2002

REGINA

PARTIES : v

WILLIAM STEVEN MALOUKIS JUDGMENT OF : Hodgson JA at 30 and 32; Levine J at 1; Simpson J at 31

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0156 LOWER COURT JUDICIAL Shillington DCJ OFFICER :

L M B Lamprati (Crown) COUNSEL : H Dhanji (Respondent) S E O'Connor (Crown) SOLICITORS : D J Humphreys (Respondent)

LEGISLATION CITED : Crimes Act 1900 Pearce v The Queen (1998) 194 CLR 610 Reg v Camilleri NSWCCA 8 February 1990 Reg v Dodd (1991) 57 A Crim R 349 CASES CITED: Reg v Edwards (1996) 90 A Crim R 510 Reg v Fahda [1999] NSWCCA 267 Reg v Ranse (unreported NSWCCA 8 August 1994) Reg v Rushby (1977) 1 NSWLR 594 Reg v Scognamiglio (1991) 56 A Crim R 81 DECISION : See paragraphs 27, 28 & 29

- 4 - (Ex Tempore – Revised) [2002] NSWCCA 155 IN THE COURT OF CRIMINAL APPEAL 60121 of 2002

HODGSON JA LEVINE J SIMPSON J

TUESDAY 30 APRIL 2002 REGINA v MALOUKIS William Steven Judgment 1 LEVINE J: The Crown appeals against what it asserts to be the inadequacy of sentences imposed upon the respondent by his Honour Judge Shillington in the District Court on 14 February 2002. 2 The respondent had pleaded guilty on 27 April 2001 to five counts in an indictment. The first count was for robbery (s 94 of the Crimes Act, 1900) for which a maximum penalty of fourteen years is provided, and counts 2-5 were for aggravated robbery under s 95(1) for which a maximum penalty of 20 years is provided. 3 The respondent was sentenced on the second count, taking into account eleven offences in a Form 1, to imprisonment for four years with a non-parole period of two years, special circumstances having been found. In respect of each of the other counts, his Honour imposed a fixed term of two years. All sentences were ordered to date from 23 May 2000 resulting in the respondent presently being eligible for release to parole on 22 May this year.