NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Saban v Regina [2007] NSWCCA 139
HEARING DATE(S): 16 May 2007
JUDGMENT DATE: 16 May 2007
JUDGMENT OF: Price J at 1; McClellan CJ at CL at 37; Hidden J at 38
EX TEMPORE JUDGMENT DATE: 16 May 2007
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Criminal law - sentencing - history of repeat offending - subjective circumstances - offences on Form 1 - sentence not manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 s 61, s 85, s 99(1)
Des Rosiers v R [2006] NSWCCA 16 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v M.A.K R v M.S.K [2006] NSWCCA 381 R v McNaughton [2006] NSWCCA 242 Regina v Stankovic [2006] NSWCCA 229
PARTIES: Michael Nicholas Saban Regina
FILE NUMBER(S): CCA 2007/398
COUNSEL: P Barrett - Respondent C Davenport SC - Applicant
SOLICITORS: S Kavanagh S O'Connor - LAC
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/61/0043
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 3 August 2006
LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Michael Nicholas Saban
IN THE COURT OF CRIMINAL APPEAL 2007/398
McClellan CJ at CL Hidden J Price J
16 May 2007 Michael Nicholas SABAN v REGINA Judgment 1 PRICE J: This is an application for leave to appeal by Michael Nicholas Saban (conveniently referred to as the applicant) against the severity of the sentence imposed upon him in the District Court at Bathurst by Nield DCJ on 3 August 2006. 2 The applicant pleaded guilty in the Local Court to a charge of robbery in circumstances of aggravation contrary to s 95 of the Crimes Act 1900 and adhered to that plea when he appeared before his Honour on 26 July 2006. 3 An offence contrary to s 95 of the Crimes Act is punishable by imprisonment for twenty years. 4 On 3 August 2006, the applicant was sentenced by his Honour to imprisonment for six years and nine months. The Judge fixed a non-parole period of four years and nine months to commence on 1 October 2005 and to expire on 30 June 2010 with a parole period of two years to commence on 1 July 2010 and to expire on 30 June 2012. 5 Three offences on a Form 1 were taken into account on sentence namely one offence of common assault contrary to s 61 of the Crimes Act and two counts of demanding property with menaces contrary to s 99(1) of the Crimes Act.
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