NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v Katarzynski [2005] NSWCCA 72 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 4 February 2005
JUDGMENT DATE: 9 March 2005
JUDGMENT OF: Spigelman CJ at 1; Sully J at 2; Kirby J at 82
DECISION: Appeal against conviction dismissed; Leave granted to appeal against sentence; Appeal against sentence allowed; sentence imposed at first instance quashed; appellant sentenced to imprisonment for 20 years to comence on 6 April 2001 with a non-parole period of 15 years to commence on 6 April 2001 and to expire on 5 April 2016, upon which date appellant eligible for release to parole.
LEGISLATION CITED: Crimes Act 1900 (NSW)
Royall v The Queen [1990] 172 CLR 376 Murray v The Queen [2002] 211 CLR 193 Ryan v The Queen (1967) 121 CLR 205 CASES CITED: La Fontaine v The Queen [1976] 136 CLR 62 Parker v The Queen [1963] 111 CLR 610 Reg v Kirkham (1837) 173 ER 422 Reg v Duffy [1949] 1 All ER 932
Regina PARTIES: Kirstaen William KATARZYNSKI
FILE NUMBER(S): CCA 2004/1667
D. Frearson SC - Crown COUNSEL: T. Game SC - Appellant
S. Kavanagh - Crown SOLICITORS: M. Rumore - Appellant
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70013/02
LOWER COURT JUDICIAL OFFICER: Howie J
- 16 - IN THE COURT OF CRIMINAL APPEAL 2004/1667
SPIGELMAN CJ SULLY J KIRBY J
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