NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. AVANESS [2002] NSWCCA 230 FILE NUMBER(S) : CCA No. 60137 of 2002 HEARING DATE(S) : Monday 17 June 2002 JUDGMENT DATE : 17 June 2002
PARTIES : REGINA v. AVANESS, Narbeh JUDGMENT OF : Greg James J at 1; Smart AJ at 30
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0676 LOWER COURT JUDICIAL Hosking, DCJ. OFFICER :
COUNSEL : Crown: L.M.B. Lamprati App: B. Glennon SOLICITORS : Crown: S.E. O'Connor App: Abelitis Solicitors CATCHWORDS : Criminal law - sentence - appeal - two offences of robbery in company - no challenge in court of trial to evidence in Crown case of role of applicant in second robbery - evidence of applicant of lesser participation than as alleged - evidence not tested due to lack of earlier challenge - trial judge's finding adverse to appellant not in error - multiple robberies in packs, of random young victims by cruising through suburbs deserving of severe sentences notwithstanding rehabilitation prospects. Crimes Act 1900 LEGISLATION CITED : Justices Act 1902 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Henry (1999) 46 NSWLR 346 House (1936) 55 CLR 499 CASES CITED: Attorney Generals Application (No. 1); Regina v. Ponfield (1999) 48 NSWLR 327 Thomson [2000] 49 NSWLR 383 Camberon [2002] HCA 6 Sharma [2002] NSWCCA 142 DECISION : Leave to appeal granted; appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL No. 60137 of 2002
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