NSW Caselaw
Reported Decision : 167 A Crim R 312
New South Wales Court of Criminal Appeal
CITATION: Pillay v Regina [2006] NSWCCA 402
HEARING DATE(S): 20 November 2006
JUDGMENT DATE: 15 December 2006
JUDGMENT OF: James J at 1; Hidden J at 2; Hislop J at 3
DECISION: 1. Grant leave to appeal; 2. Allow the appeal; 3. Quash the sentence and in lieu thereof sentence the applicant to imprisonment for a non parole period of 5 ½ years commencing on 27 February 2004 and expiring on 26 August 2009 and a balance of term of 2 ½ years to commence on 27 August 2009 and expire on 26 February 2012. The earliest date on which the applicant will be eligible for release to parole is 26 August 2009.
CATCHWORDS: Criminal law - Sentence - Application De Simoni principle - Application standard non parole period - Special circumstances - Sentence varied.
LEGISLATION CITED: Crimes Act 1900 - ss 27, 33, 35 Crimes (Sentencing Procedure) Act 1999 - Div 1A
R v Mirzaee [2004] NSWCCA 315 CASES CITED: Regina v Oinonen [1999] NSWCCA 310 Regina v Way (2004) 60 NSWLR 168 The Queen v Shrestha (1991) 173 CLR 48 at 71
PARTIES: Applicant - Parmod Pillay Respondent - Regina
FILE NUMBER(S): CCA 2006/1850
COUNSEL: Applicant - Ms H. Cox with Mr A. Cassels Respondent - Mr W. Dawe QC
SOLICITORS: Applicant - Legal Aid Commission of New South Wales Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/0206
LOWER COURT JUDICIAL OFFICER: Knox DCJ
LOWER COURT DATE OF DECISION: 3 February 2006
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/1850
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate