Regina v Salim SABOUNE [2005] NSWCCA 92

New South Wales Court of Criminal Appeal

Regina v Salim SABOUNE [2005] NSWCCA 92 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10/03/05

JUDGMENT DATE: 10 March 2005

JUDGMENT OF: Wood CJ at CL at 17; Hislop J at 1; Johnson J at 18

DECISION: 1. Leave to appeal granted; 2. Appeal dismissed.

CATCHWORDS: Criminal law - Sentencing - No issue of principle

Crimes Act 1900 - s 112(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 11

R v Thomson (2000) 49 NSWLR 383 CASES CITED: R v T (1990) 47 A Crim R 29 R v Tait (1979) 46 FLR 386

Applicant - Salim Saboune PARTIES: Respondent - Regina

FILE NUMBER(S): CCA 2001/2733 CCAP

Applicant - in person COUNSEL: Respondent - Mr W Dawe QC

Applicant - in person SOLICITORS: Respondent - S Kavanagh (Director of Public Prosecutions)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/0456

LOWER COURT JUDICIAL OFFICER: Tupman DCJ

IN THE COURT OF CRIMINAL APPEAL 2004/2733

WOOD CJ at CL HISLOP J JOHNSON J

10 March 2005 Regina v Salim SABOUNE Judgment 1 HISLOP J: On 20 November 2003 the applicant pleaded guilty to three charges of break and enter contrary to the Crimes Act 1900 s 112(1). The offences occurred on 24 May 2001, 28 February 2002 and 6 April 2002 respectively. The maximum penalty for each offence is fourteen years imprisonment.