NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Diamantis v R [2005] NSWCCA 433
HEARING DATE(S): 20/09/2005
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: Windeyer J at 1; Hislop J at 2, 31; Smart AJ at 30
DECISION: (a) Windeyer J, Hislop J and Smart AJ: 1. Leave to appeal granted; 2. Appeal dismissed; (b) Hislop J - Related offence: 1. Appeal dismissed.
CATCHWORDS: Criminal law - Break enter and steal in circumstances of aggravation - Standard non parole period inapplicable - Sentence - Related offence - Period of driving disqualification.
Crimes Act 1900 - s 112(2) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 - s 166
R v Chebat [2004] NSWCCA 211 R v P [2004] NSWCCA 218 R v Qutami [2001] NSWCCA 353 CASES CITED: R v Simpson (2001) 53 NSWLR 704 R v Tait (1979) 46 FLR 386 R v Tobar [2004] NSWCCA 391 R v Way [2004] 60 NSWLR 168
Appellant - Lucas Diamantis PARTIES: Respondent - Regina
FILE NUMBER(S): CCA 2005/1101
Appellant - Ms A Francis COUNSEL: Respondent - Ms J Dwyer
Appellant - Legal Aid Commission of New South Wales SOLICITORS: Respondent - Office of the Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/1049
LOWER COURT JUDICIAL OFFICER: McGuire DCJ
- 12 - IN THE COURT OF CRIMINAL APPEAL 2005/1101
WINDEYER J HISLOP J SMART AJ
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