NSW Caselaw
Reported Decision : 158 A Crim R 233
New South Wales Court of Criminal Appeal
CITATION: Itaoui v Regina [2005] NSWCCA 415
HEARING DATE(S): 30/11/2005
JUDGMENT DATE: 2 December 2005
JUDGMENT OF: Studdert J at 1; Whealy J at 2; Howie J at 3
DECISION: Application for leave granted, appeal allowed and the sentence quashed. The applicant is sentenced to imprisonment for 34 months to date from 26 November 2004. There is specified a non-parole period of 15 months to commence on 26 November 2004 and to expire on 25 February 2006 the date upon which the applicant is to be released to parole.
CATCHWORDS: Criminal Law - Sentencing - Erroneous pronouncement of sentence - whether any other sentence warranted.
Crimes Act 1900 - s 156 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 44 Criminal Appeal Act 1912 - s 6(3)
R v P [2004] NSWCCA 218 R v Tobar (2004) 150 A Crim R 104 R v Simon [2005] NSWCCA 123 R v Mako [2004] NSWCCA 90 CASES CITED: R v KBM [2004] NSWCCA 123 R v Cramp [2004] NSWCCA 264 R v DF [2005] NSWCCA 259 R v Hansen [2002] NSWCCA 321
PARTIES: Fida Itaoui v Regina
FILE NUMBER(S): CCA 2005/1443
J. Bennett SC - Crown COUNSEL: P. Boulten - Applicant
S. Kavanagh - Crown SOLICITORS: S. O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0330
LOWER COURT JUDICIAL OFFICER: Karpin DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1443 CCAP
STUDDERT J WHEALY J HOWIE J
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