R v Miranda [2002] NSWCCA 89

Reported Decision : (2002) 128 A Crim R 362

New South Wales Court of Criminal Appeal

CITATION : R v Miranda [2002] NSWCCA 89 FILE NUMBER(S) : CCA 60384/01 HEARING DATE(S) : 29/11/2001 JUDGMENT DATE : 22 March 2002

PARTIES : Regina Abelardo Miranda JUDGMENT OF : Sheller JA at 1; Dowd J at 2; Kirby J at 50

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/3035 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : Applicant in person Mr CP O'Donnell- Crown/Respondent SOLICITORS : Commonwealth Director of Public Prosecutions- Crown/Respondent CATCHWORDS : Leave to appeal against severity - False migration documents - Misreading antecedents - Sentence manifestly excessive - Medical condition harder on applicant Crimes Act 1900 LEGISLATION CITED : Crimes Act 1914 (Cth) Migration Act 1958 (Cth) DPP v El Karhani (1990) 21 NSWLR 390. R v Engert (1995) 84 A Crim R 67. CASES CITED: R v L (Unreported, NSWCCA, 17 June 1996). R v Smith (1987) 44 SASR 587. R v Sopher (1993) 70 A Crim R 570. R v Thompson (2000) 49 NSWLR 383. DECISION : 1. Leave granted; 2. Appeal upheld; 3. Sentences imposed by Shadbolt DCJ quashed; 3. On the offences unders 281 of the Act, applicant sentenced to three years imprisonment to commence on 14 March 2001 to expire 13 March 2004. Applicant released on 14 March 2003, upon entering a recognisance pursuant to s20(1)(B) of the Crimes Act 1914, to be of good behaviour for one year, and to appear to receive sentence in respect of any breach within the said period; and 4. On matters under s234 of the Migration Act, sentenced to a period of ten months, to be served concurrently with the offences under s281.