NSW Caselaw
New South Wales Court of Criminal Appeal
R v Youkhana [2005] NSWCCA 231 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24/06/2005
JUDGMENT DATE: 24 June 2005
JUDGMENT OF: Spigelman CJ at 29, 31; Hunt AJA at 30; Howie J at 1
DECISION: 1. The application for leave is granted and the appeal is allowed; 2. The sentence imposed by Acting Judge Mahoney is quashed; 3. In lieu the applicant is sentenced to imprisonment for 19 months. There should be a non-parole period specified of 10 months. The sentence should be taken to have commenced on 25 August 2004 and, therefore, the non-parole period expires today, 24 June 2005. The applicant is to be released to parole today. His parole is to be subject to the usual conditions as to supervision by the Probation and Parole Service.
CATCHWORDS: Criminal Law - Sentence - Resentencing after successful appeal on less serious charge - taking into account time served - finding facts after charge bargain.
Crimes Act 1900 - ss 60(2), 60(3)(b) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 44
R v Youkhana [2004] NSWCCA 87 R v Newman and Simpson (2004) 145 A Crim R 361 R v AEM [2002] NSWCCA 58 R v MM (2003) 135 A Crim R 216 CASES CITED: R v Bedford (1986) 5 NSWLR 711 R v Palu (2002) 134 A Crim R 174 R v Barri [2004] NSWCCA 221 R v Falls [2004] NSWCCA 335
PARTIES: Regina v John Youkhana
FILE NUMBER(S): CCA 2005/396
D. Frearson SC - Crown COUNSEL: J. Doris - Applicant
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