NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Galuefa MAUAI [2005] NSWCCA 207
HEARING DATE(S): 22 March 2005
JUDGMENT DATE: 9 June 2005
JUDGMENT OF: James J at 1; Hislop J at 2; Hall J at 37
DECISION: 1. Leave to appeal granted; 2. Appeal allowed; 3. Sentence quashed and in lieu thereof, the applicant is sentenced to imprisonment for a non-parole period of 4 years 6 months, commencing on 2 September 2003 and expiring on 1 March 2008 with the balance of the sentence of 2 years and 2 months to commence on 2 March 2008 and expire on 1 May 2010. The earliest day on which the applicant will become eligible for release on parole is 1 March 2008.
CATCHWORDS: Criminal Law - Sentencing - Crimes (Sentencing Procedure) Act 1999 s21A - Special circumstances - Sentence manifestly excessive.
Crimes Act 1900 - s 95(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 21A
R v Foster (1995) 78 A Crim R 517 R v Holder (1983) 3 NSWLR 245 R v Simpson (2001) 53 NSWLR 704 CASES CITED: R v Tait (1979) 46 FLR 386 R v Tobar [2004] NSWCCA 391 R v Wickham [2004] NSWCCA 193 Whittaker v The King (1928) 41 CLR 230
Appellant - Galuefa Mauai PARTIES: Crown - Regina
FILE NUMBER(S): CCA 2004/3321
Ms C Davenport SC - Appellant COUNSEL: Mr D Frearson SC - Crown
SE O'Connor (Legal Aid Commission NSW) - Appellant SOLICITORS: S Kavanagh (Director of Public Prosecutions NSW) - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/0007
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
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