NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Mirzaee [2004] NSWCCA 315 HEARING DATE(S) : 10/09/04 JUDGMENT DATE : 17 September 2004
JUDGMENT OF : Sperling J at 1; Kirby J at 2; Newman AJ at 27 DECISION : (1) Leave to appeal granted; (2) Appeal allowed; (3) The sentence passed upon the applicant on 27 November 2003 should be varied only as to the non parole period, so as to reduce that period to 4-1/2 years to date from 27 April 2003 and to expire on 26 October 2007, at which time the applicant will be eligible for parole.
CATCHWORDS : CRIMINAL PRACTICE & PROCEDURE - appeal against sentence - error through Judge taking into account likelihood of deportation - whether another sentence warranted in law - error in non parole period - special circumstances. LEGISLATION CITED : Customs Act 1901 (Cth) Criminal Appeal Act 1912 R v Mas Rivadavia [2004] NSWCCA 284 The Queen v Shrestha (1991) 173 CLR 48 CASES CITED : R v Boulghourgian [2001] NSWCCA 460 R v Simpson (2001) 53 NSWLR 704 R v Klein (2001) 121 A Crim R 90 PARTIES : Regina Mohammed Mirzaee FILE NUMBER(S) : CCA 60240/04 (2004/1878 CCAP) COUNSEL : Ms M Cinque (Crown - Cth) R Hulme SC (Appl) SOLICITORS : D Kapeleris (Crown - Cth) S O'Connor - LAC (Appl)
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0652 FILE NUMBER(S) : LOWER COURT Dodd DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1878 CCAP (60240/04)
SPERLING J KIRBY J NEWMAN AJ
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