NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Danuca [2005] NSWCCA 45
HEARING DATE(S): 17/2/05
JUDGMENT DATE: 7 March 2005
JUDGMENT OF: Grove J at 1; Bell J at 3; Buddin J at 66
DECISION: 1. Grant leave to appeal; 2. Allow the appeal and quash the sentences imposed in the District Court. In lieu thereof the applicant is sentenced as follows; On count one (taking into account the four matters on the Form 1) to a term of imprisonment for six years' to commence on 31 May 2002 and to expire on 30 May 2008. Specify a non-parole period of three years and six months. The non-parole period will expire on 30 November 2005; On counts two, three, four, five and six (including the four matters on the Form 1 with respect to count five) concurrent terms of five years' imprisonment to date from 31 May 2002 and to expire on 30 May 2007. Specify a non-parole period of three years in each case to expire on 30 May 2005; On count seven (taking into account the three matters on the Form 1) a term of seven years' imprisonment to date from 31 May 2003 and to expire on 30 May 2010. Specify a non-parole period of four years and six months. The non-parole period will expire on 30 November 2007.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
R v Bala [2004] NSWCCA 345 R v Engert (1995) 84 A Crim R 67 CASES CITED: R v Ponfield (1999) 48 NSWLR 327 R v Simpson [2001] 52 NSWLR 704 R v Wright (1997) 93 A Crim R 48
Regina PARTIES: Dino Danuca (Applicant)
FILE NUMBER(S): CCA 2004/2393
T.S. Girdham (Crown) COUNSEL: P. Boulton SC (Applicant)
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