NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Steven Orban [2005] NSWCCA 312
HEARING DATE(S): 01/09/05
JUDGMENT DATE: 22 September 2005
JUDGMENT OF: Simpson J at 1; Smart AJ at 2; Patten AJ at 3
DECISION: 1. Leave to appeal against sentences granted. 2. Appeal allowed in part. 3. Non parole period of 2 years 6 months on count 1 quashed and in lieu thereof a non parole period of 2 years is set commencing on 8 July 2004 and expiring on 7 July 2006. 4. Otherwise appeal against sentences dismissed.
CATCHWORDS: Two counts of supplying heroin involving multiple individual acts of supply - Relevance of comparison with co-offenders sentenced for "ongoing supply" - No breach of "De Simoni" principle - Powerful subjective circumstances justifying reduction of non parole period.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
R v Hamzy (unreported 5 August 1994) CASES CITED: Queen v De Simoni (1981) 147 CLR 383 R v Kamminga (2003) NSWCCA 337
Regina - (Respondent) PARTIES: Steven Orban (Applicant)
FILE NUMBER(S): CCA 2005/961 CCAP
Ms S McNaughton (for the Applicant) COUNSEL: Mr D. Arnott (for the Crown)
S E O'Connor (for the Applicant) SOLICITORS: S Kavanagh (for the Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/1138
LOWER COURT JUDICIAL OFFICER: Judge G S Hosking
- 8 - IN THE supreme COURT OF New South Wales court of CRIMINAL APPEAL No: 2005/961 CCAP
SIMPSON J SMART AJ PATTEN AJ
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