R v AMURAO [2005] NSWCCA 32

New South Wales Court of Criminal Appeal

R v AMURAO [2005] NSWCCA 32 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30 June 2004

JUDGMENT DATE: 18 February 2005

JUDGMENT OF: Ipp JA at 1; Hulme J at 6; Hislop J at 80

DECISION: Grant leave to appeal; Allow the appeal; Quash the sentences imposed by Judge Gibson in respect of counts 1, 4 5 and 6; Confirm the sentence imposed by Judge Gibson in respect of count 3, viz a fine of $3,000; Confirm the sentence imposed by Judge Gibson in respect of count 2, viz imprisonment for a fixed term of 2 years commencing on 25 July 2002; In respect of count 1, sentence the Applicant to imprisonment for a fixed term of 2 years, commencing on 25 July 2003; In respect of count 4, sentence the Applicant to imprisonment for a fixed term of 1 year and 3 months, commencing on 25 July 2004; In respect of count 5, sentence the Applicant to imprisonment for a fixed term of 2 years, commencing on 25 July 2005; In respect of Count 6 a sentence of 5 years imprisonment be imposed, with a non-parole period of 2 years, both such periods to commence on 25 July 2006; The Applicant will become eligible for parole on 24 July 2008.

Regina PARTIES: Jose Gulpa AMURAO

FILE NUMBER(S): CCA 60150/04

Crown: E Wilkins COUNSEL: Appellant: P Boulten SC

Crown: S Kavanagh SOLICITORS: Appellant: P Hardin

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/11/0545

LOWER COURT JUDICIAL OFFICER: JXC Gibson ADCJ

- 23 - IN THE COURT OF CRIMINAL APPEAL 60150/04 Ipp JA Hulme J Hislop J