R v Christou [2003] NSWCCA 415

New South Wales Court of Criminal Appeal

CITATION : R v Christou [2003] NSWCCA 415 HEARING DATE(S) : 17/12/2003 JUDGMENT DATE : 17 December 2003

JUDGMENT OF : James J at 1, 32; Howie J at 2 DECISION : The application for leave to appeal is granted, the appeal is allowed and the sentence imposed by Shadbolt DCJ be quashed. In lieu the applicant is sentenced to imprisonment for fifteen months to date from 22 May 2003. There is to be a non-parole period of seven months to expire on 22 December 2003, the date upon which the applicant is to be released to parole. It is to be a condition of her parole that she place herself under the supervision of the Probation and Parole Service. Pursuant to s 59 of the Crimes (Sentencing Procedure) Act the Court varies the date of commencement of the sentence imposed on the applicant at the Penrith District Court on 15 August 2003, being a sentence of a fixed term of two months, so that that sentence will commence on 23 December 2003.

CATCHWORDS : Criminal Law and Procedure - Appeal against sentence - question of parity with co-offender. LEGISLATION CITED : Crimes Act 1900 - s 188 Crimes (Sentencing Procedure) Act 1999 - s 59 Postiglione v The Queen (1996) 189 CLR 295 CASES CITED : Regina v Rutter [2003] NSWCCA 306 Pearce v The Queen (1998) 194 CLR 610 PARTIES : Regina v Rebecca Elizabeth Christou FILE NUMBER(S) : CCA 060381/03 COUNSEL : D. Frearson - Crown P. Hamill - Applicant SOLICITORS : C.K. Smith - Crown B. Sandland - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/1047 FILE NUMBER(S) : LOWER COURT Shadbolt DCJ JUDICIAL OFFICER :