Regina v Zreika [2003] NSWCCA 47

Reported Decision : 138 A Crim R 95

New South Wales Court of Criminal Appeal

CITATION : Regina v Zreika [2003] NSWCCA 47 HEARING DATE(S) : 26/02/03 JUDGMENT DATE : 28 February 2003

JUDGMENT OF : O'Keefe J at 1; Bell J at 41 DECISION : (i) Leave to appeal granted. (ii) Sentence for a fixed term of imprisonment of five years quashed.(iii) In lieu thereof, the Applicant is sentenced to imprisonment for 5 years, to commence on 5 June 1999 and expire on 4 June 2004, with a non-parole period set to commence on 5 June 1999 and to expire on 4 March 2003, on which date the Applicant will become eligible for release on parole.

CATCHWORDS : Criminal law - Appeal - Severity - Fixed term - Concurrent sentence - Convictions for other offences quashed - District Court Judge functus officio - Adjustment of commencement of sentence by Court of Criminal Appeal - No error at time of initial sentencing - Statistics - Changed circumstances - Jurisdiction of Court of Criminal Appeal - Powers of Court of Criminal Appeal to adjust form of sentencejhin8096@mail.usyd.edu.au Crimes Act 1900; ss 319 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999; ss 43, 44(1), 45(1), 45(2), 52, 59 Criminal Appeal Act 1912; ss 5(1)(c), 6, 6(3) Corbett ([2002] NSWCCA 137, 19 April 2002, unreported) Dinsdale v The Queen (2000) 202 CLR 321 CASES CITED : House v The King (1936) 55 CLR 499 Regina v Grant (2002) 55 NSWLR 80 Thomas (1993) 65 A Crim R 269 PARTIES : Regina Toufic Zreika FILE NUMBER(S) : CCA 60756/01 COUNSEL : Mr A Cook - for Applicant Mr R A Hulme SC - for Crown SOLICITORS : Mr D J Humphreys - Applicant Ms S E O'Connor - Crown