R v STANBOULI [2003] NSWCCA 355

Reported Decision : 141 A Crim R 531

New South Wales Court of Criminal Appeal

CITATION : R v STANBOULI [2003] NSWCCA 355 HEARING DATE(S) : 22 May 2003 JUDGMENT DATE : 4 December 2003

JUDGMENT OF : Spigelman CJ at 1; Hulme J at 6; Carruthers AJ at 171 DECISION : Crown appeal allowed; Sentences imposed by Shadbolt DCJ quashed; In lieu thereof the Respondent be sentenced to imprisonment for a term of nineteen years to date from 27 July 2001 and to expire on 26 July 2020 with a non-parole period of twelve years to date from 27 July 2001 and to expire on 26 July 2013; Direct the Solicitor for the Respondent to explain to the Respondent, as required by s16F of the Crimes Act, the sentence and the purpose and consequences of the non-parole period.

PARTIES : Regina Simon Stanbouli FILE NUMBER(S) : CCA 60509/02 COUNSEL : Crown: RF Sutherland SC Respondent: J Dailly SC SOLICITORS : Crown: Commonwealth Director of Public Prosecutions Respondent: Walter Madden Jenkins

LOWER COURT District Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Shadbolt DCJ JUDICIAL OFFICER :

- 52 - IN THE COURT OF CRIMINAL APPEAL 60509/02

SPIGELMAN CJ HULME J CARRUTHERS AJ

Thursday, 4 December 2003 R v Simon STANBOULI Judgment 1 SPIGELMAN CJ: I have read the judgments of Hulme J and Carruthers AJ in draft. Subject to one matter, I agree with the reasons of Hulme J and the head sentence he proposes.