Regina v Diab [2005] NSWCCA 64

New South Wales Court of Criminal Appeal

CITATION: Regina v Diab [2005] NSWCCA 64

HEARING DATE(S): 17 February 2005

JUDGMENT DATE: 1 March 2005

JUDGMENT OF: Grove J at 1; Bell J at 32; Buddin J at 33

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW AND PROCEDURE - SENTENCE - MANSLAUGHTER - PRINCIPAL OFFENDER ( A JUVENILE) COMMITS MURDER BY SHOOTING WITH PISTOL - KNOWLEDGE OF PRESENCE OF WEAPON AND INTENTION TO THREATEN VICTIM - CONDUCT OF FIRST INSTANCE PROCEEDINGS - OBVIOUS DECISION NOT TO SUGGEST MITIGATION BY REASON OF PROVOCATION BY VICTIM - DECISION REPUDIATED ON APPEAL - WHETHER MISCARRIAGE - SERIOUS OFFENCES IN WHICH WHAT BECAME THE MURDER WEAPON USED TAKEN INTO ACCOUNT ON FORM 1 - SENTENCE NOT EXCESSIVE

LEGISLATION CITED: S21A(3) Crimes (Sentencing Procedure) Act 1999

R v Abou-Chabake [2004] NSWCCA 356 Ratten v The Queen 1974 131 CLR 510 Regina v Elliott, unreported, NSWCCA 14 Feb 1991 CASES CITED: Regina v Goodwin 1990 51 A Crim R 328 Regina v Hill 1981 3 A Crim R 397 Regina v MA [2004] NSWCCA 92

PARTIES: Regina v Kade Diab

FILE NUMBER(S): CCA 2004/2397

G. Smith SC (Crown) COUNSEL: S. Odgers SC (Applicant)

S. Kavanagh (DPP) SOLICITORS: Galloways (Applicant)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 70118/02

LOWER COURT JUDICIAL OFFICER: Shaw J

IN THE COURT OF CRIMINAL APPEAL 2004/2397

GROVE J BELL J BUDDIN J