CHANTHABOURY v R [2007] NSWCCA 290

Reported Decision: 176 A Crim R 438

New South Wales Court of Criminal Appeal

CITATION: CHANTHABOURY v R [2007] NSWCCA 290

HEARING DATE(S): 18 September 2007

JUDGMENT DATE: 16 October 2007

JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 55; Bergin J at 63

DECISION: 1. Appeal against conviction dismissed; 2. Grant leave to appeal against sentence, uphold that appeal in relation to the "attempt charge" and quash the sentence imposed on that charge. By reason of the necessity to alter the relevant dates of the sentence on the "completed charge" quash the sentence imposed on that charge; 3. On the "attempt charge" the appellant is sentenced to a fixed term of six months commencing on 31 October 2005 and expiring on 29 April 2006. On the "completed charge" the appellant is sentenced to a non-parole period of 18 months commencing on 30 April 2006 and expiring on 30 October 2007 with a balance of term of 18 months expiring on 29 April 2009.; 4. The appeal against sentence is otherwise dismissed

CATCHWORDS: CRIMINAL LAW – Appeal against conviction and sentence – accessory after the fact to attempted armed robbery – indictments – defect in Court Attendance Notice – absence of "attempted" on the CAN – appellant charged with the completed offence – whether "attempted" needed to be included on the CAN – whether error in failing to take into account the correct maximum penalty for the offence – whether sentence failed to reflect the different penalties in the appellant's offence and the co-offender's offence

Crimes Act 1900 Criminal Appeal Act 1912 (NSW) LEGISLATION CITED: Criminal Procedure Act 1986 Road Transport Driver Licensing Act 1998 (NSW) Road Transport (Safety and Traffic Management Act) 1999 (NSW)