NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Gagalowicz [2005] NSWCCA 452
HEARING DATE(S): 30 November 2005
JUDGMENT DATE: 22 December 2005
JUDGMENT OF: The Court at 1
DECISION: Appeal allowed; sentence imposed by Adams J on 8 July 2005 quashed; in lieu thereof, the respondent is sentenced to serve a non parole period of six years commencing on 19 April 2003 and to expire on 18 April 2009 and a balance of term of four years commencing on 19 April 2009 and to expire on 18 April 2013. The respondent is to become eligible for release on parole on 18 April 2009.
Crimes Act, ss 23A, 24 LEGISLATION CITED: Mental Health Act
Markarian v R (2005) 215 ALR 213 Pearce v R (1998) 194 CLR 610 R v Blacklidge (unreported, NSWCCA, 12 December 1995) CASES CITED: R v Cooper (unreported, NSWCCA, 24 February 1998) R v Forbes [2005] NSWCCA 377 R v Henry (1999) 46 NSWLR 346 R v MD, BM, NA, JT [2005] NSWCCA 342
PARTIES: Regina v Matthew Gagalowicz
FILE NUMBER(S): CCA 2005/1359
J. Bennett SC (Crown) COUNSEL: D.R. Campbell SC/T. Moisidis (Respondent)
S. Kavanagh (Crown) SOLICITORS: Campbell Paton & Taylor (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2004/8
LOWER COURT JUDICIAL OFFICER: Adams J
IN THE COURT OF CRIMINAL APPEAL 2005/1359
STUDDERT J WHEALY J HOWIE J
THURSDAY 22 December 2005 REGINA v MATTHEW GAGALOWICZ Judgment
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