NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Charle Azzi [2003] NSWCCA 10 HEARING DATE(S) : 6 February 2003 JUDGMENT DATE : 6 February 2003
JUDGMENT OF : Hodgson JA at 28; Sully J at 29; Buddin J at 1 DECISION : Crown appeal dismissed.
CATCHWORDS : Crown appeal against sentence - question of parity with a co-offender - respondent has an intellectual disability - sentence held to be manifestly inadequate but appeal dismissed in exercise of court's discretion Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Attorney-General's Application No 1 of 2002 Pearce v The Queen (1998) 194 CLR 610 R v Barton (2001) 121 A Crim R 185 CASES CITED : R v Ellis [1986] 6 NSWLR 603 R v Henry (1999) 46 NSWLR 346 R v Letteri (unreported) NSWCCA 18 March 1992 R v Wright (1997) 93 A Crim R 48 PARTIES : Regina Charle Azzi FILE NUMBER(S) : CCA 60481/2002 COUNSEL : P Ingram (Crown) M Higgins (Respondent) SOLICITORS : SE O'Connor (Crown) Hugh White & Co (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3304 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60481/02
HODGSON JA SULLY J BUDDIN J
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