NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Itaoui v Regina [2006] NSWCCA 273
HEARING DATE(S): 28/08/06
JUDGMENT DATE: 7 September 2006
JUDGMENT OF: Spigelman CJ at 1; Whealy J at 2; Howie J at 44
DECISION: Leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: Leave to appela against severity of sentence. Guilty plea - no obligation to spell out mathematical calculation - psychiatric condition - adjustment disorder with depressive mood - not sufficient to diminish principles of general and specific deterrence - delay in sentencing - sentence not manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing & Procedure) Act 1999
R v Thomson & Houlten [2000] 29 NSWLR 383 CASES CITED: Markarian v The Queen [2005] 79 ALJR 1048 Attorney-General's Application under s 37 Crimes (Sentencing & Procedure) Act 1999 [No 1/2002] [2002] 56 NSWLR 146; [2002] 137 A Crim R 180 paras 40-42 per Spigelman CJ
PARTIES: Ahmed Itaoui v Regina
FILE NUMBER(S): CCA 2006/815
COUNSEL: Mr D. Baran - Applicant Ms J. Girdham - Crown/Respondent
SOLICITORS: M. Dorrough - Applicant S. Kavanagh (DPP) - Crown/Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3187
LOWER COURT JUDICIAL OFFICER: Sides DCJ
LOWER COURT DATE OF DECISION: 12/09/05
IN THE COURT OF CRIMINAL APPEAL 2006/815
SPIGELMAN CJ WHEALY J HOWIE J
THURSDAY 7 September 2006 Ahmed ITAOUI v REGINA Judgment
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