Regina v DEMIROZ [2004] NSWCCA 334

New South Wales Court of Criminal Appeal

CITATION : Regina v DEMIROZ [2004] NSWCCA 334 HEARING DATE(S) : 27 September 2004 JUDGMENT DATE : 27 September 2004

JUDGMENT OF : Wood CJ at CL at 1, 17; Barr J at 2; Hoeben J at 16 DECISION : Grant leave to appeal but dismiss the appeal.

PARTIES : Regina v Muammer DEMIROZ FILE NUMBER(S) : CCA 2004/1877 CCAP COUNSEL : Applicant: A Francis Respondent: G I O Rowling SOLICITORS : Applicant:S O'Connor Respondent: S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0493 FILE NUMBER(S) : LOWER COURT Gibson QC DCJ JUDICIAL OFFICER :

- 4 - IN THE COURT OF CRIMINAL APPEAL 2004/1877 CCAP

Wood CJ at CL Barr J Hoeben J

27 September 2004 Regina v Muammer DEMIROZ Judgment 1 Wood CJ at CL: I agree with Barr J. 2 Barr J: this is an application for leave to appeal against what is said to be the severity of sentences imposed in the District Court. The applicant, Muammer Demiroz, pleaded guilty on 22 September 2003, the day on which his trial was fixed to commence, two offences which might be summarised as follows – 1 That on or about 10 May 2001 at Lidcombe he broke and entered a certain dwelling house and stole certain property, namely a hand bag containing credit cards, cheque books and other personal items, a set of keys and a television receiver; 2 At the same time and place he broke and entered a second dwelling house and stole a guitar, a DVD player, a tripod, a video recorder and a Polaroid camera; and 3 At the same time and place he drove a certain motor vehicle knowing that it had been taken without the consent of the owner.