R v Latumetan & Murwanto [2003] NSWCCA 70

New South Wales Court of Criminal Appeal

CITATION : R v Latumetan & Murwanto [2003] NSWCCA 70 HEARING DATE(S) : 21 March 2003 JUDGMENT DATE : 21 March 2003

JUDGMENT OF : Studdert J at 1; Shaw J at 45 DECISION : In relation to each of the applicants: leave to appeal granted; appeal allowed and sentences quashed; in lieu thereof the sentences imposed to be structured as follows - (a) For the offence of possession of a falsified passport, sentenced to a fixed term of imprisonment for six months to commence 1 September 2001 and to expire 28 February 2002; (b) In relation to the first count, sentenced to a term of imprisonment of twenty-two months to commence on 1 March 2002 and to expire on 30 December 2003 with a non parole period from 1 March 2002 to 31 August 2003; (c) In relation to counts 2 to 8, sentenced on each of those counts to a fixed term of imprisonment to commence on 1 March 2002 and to expire on 31 August 2003; (d) the applicant to be admitted to parole at the end of the non parole period specified.

Commonwealth Crimes Act, s 19AB, s 19AC Crimes Act, s 178BB LEGISLATION CITED : Crimes (Sentencing Procedure) Act, 1999, s 44(1) Criminal Appeal Act, s 6(3) Passports Act, s 9A R v Chase (unreported) NSWCCA 19 October 1990 R v Chi Sun Tsui (1985) 1 NSWLR 308 R v Ferus (unreported) NSWCCA 23 August 1991 CASES CITED : R v Jap (unreported) NSWCCA 20 July 1998 R v Montenegro (unreported) NSWCCA 15 February 1991 R v Ndubuisi (unreported) NSWCCA 27 March 1992 R v Shrestha (1991) 173 CLR 48 R v Simpson [2001] 53 NSWLR 704 PARTIES : Regina v Liesa Latumetan Regina v Tommy Murwanto FILE NUMBER(S) : CCA 60235/02; 60298/02 R.A. Hulme SC (Crown) COUNSEL : A. Francis (Latumetan) P.J.D. Hamill (Murwanto) S.E. O'Connor (Crown) SOLICITORS : D.J. Humphreys (Latumetan) Gregory J. Goold (Murwanto)