Regina v Salim Miski [2002] NSWCCA 392

New South Wales Court of Criminal Appeal

CITATION : Regina v Salim Miski [2002] NSWCCA 392 revised - 27/09/2002 FILE NUMBER(S) : CCA 60682/02 HEARING DATE(S) : 27/09/2002 JUDGMENT DATE : 27 September 2002

PARTIES : Regina Salim Miski JUDGMENT OF : Buddin J at 1; Smart AJ at 25

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0790 LOWER COURT JUDICIAL Wall ADCJ OFFICER :

COUNSEL : PG Ingram (Crown) PM Winch (Applicant) SOLICITORS : SE O'Connor (Crown) DJ Humphreys (Applicant) CATCHWORDS : Appeal against sentence - steal from the person and assault occasioning actual bodily harm - drug dependent young offender with bad record - on bail and on a suspended sentence - sentences not manifestly excessive - further material explaining circumstances in which applicant on protection - sentence reduced. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 R v Bailey (1988) 35 A Crim R 458 R v Bloomfield (NSWCCA unreported, 15 July 1998) R v Doan (2000) 50 NSWLR 115 R v Nichols (1991) 57 A Crim R 391 CASES CITED: R v Pham (1991) 55 A Crim R 128 R v Simpson (2001) 53 NSWLR 704 R v Smith (1987) 44 SASR 587 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Tran [1999] NSWCCA 109 DECISION : Leave to appeal granted. Appeal allowed (in part). Quash the sentence imposed in the District Court in respect of the offence of steal from the person. In lieu the applicant is sentenced to imprisonment of three and a half years to commence on 30 April 2001 and to expire on 29 October 2004 with a non-parole period of two years three months to commence on 30 April 2001 and to expire on 29 July 2003 at which time he will be eligible for consideration for release to parole. Sentence in relation to the offence of assault occasioning actual bodily harm is confirmed.