Regina v Strbik [2004] NSWCCA 212

New South Wales Court of Criminal Appeal

CITATION : Regina v Strbik [2004] NSWCCA 212 HEARING DATE(S) : 11/06/2004 JUDGMENT DATE : 8 July 2004

JUDGMENT OF : Dowd J at 1; Hislop J at 2; Smart AJ at 20 DECISION : (1) Leave to appeal against sentences granted; (2) Dismiss the appeals against sentence on counts 1, 2, 3 (taking into account Form One) 4, 8, 9 and 10; (3) Appeals against the sentences on counts 5, 6 and 7 allowed and those sentences quashed. In lieu thereof sentence the applicant on each of those counts to a fixed term of imprisonment for 3 years to commence on 8 July 2004 and expire on 7 July 2007; (4) Appeals against the sentences on counts 11, 12, 13, 14 and 15 allowed and those sentences quashed. In lieu thereof sentence the applicant on each of those counts to a fixed term of imprisonment for 2 years to commence on 8 July 2005 and expire on 7 July 2007 on which date the applicant becomes eligible for release to parole; (5) The conditions for release to parole should provide for the supervision of the applicant by the Probation and Parole Service and require the applicant to comply with all reasonable directions of that service as to drug rehabilitation.

CATCHWORDS : Criminal law - Sentencing - Car rebirthing - Severity of sentence - Totality - Reduction of non parole period. LEGISLATION CITED : Crimes Act 1900 - ss 154AA(1), 188, 189A(1), 322(a), 344A(1), 562AB Crimes (Sentencing Procedure) Act 1999 - s 33 CASES CITED : Wong v R (2001) 207 CLR 584 PARTIES : Regina Peter Strbik FILE NUMBER(S) : CCA 60080/04 COUNSEL : Mr G Rowling - Crown Ms S Kluss - Applicant SOLICITORS : S Kavanagh - Director of Public Prosecutions (NSW) Ross Hill & Associates