REGINA v KARIBIAN [2007] NSWCCA 334

New South Wales Court of Criminal Appeal

CITATION: REGINA v KARIBIAN [2007] NSWCCA 334

HEARING DATE(S): Tuesday 13 November 2007

JUDGMENT DATE: 7 December 2007

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Price J at 30

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW – Sentencing – Crown appeal – whether sentence manifestly inadequate – accumulation of sentences – malicious damage to property.

Criminal Appeal Act 1912 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900

Regina v Campbell [2000] NSWCCA 157 Regina v Hayes [2001] NSWCCA 358 CASES CITED: Regina v Rushby (1977) 1 NSWLR 594 Pearce v The Queen (1998) 194 CLR 610 Regina v Wall [2002] NSWCCA 42 Regina v Hallocoglu (1992) 29 NSWLR 67

PARTIES: REGINA v Guy KARIBIAN

FILE NUMBER(S): CCA 2007/3278

COUNSEL: Crown: M Hobart SC Resp: S Kluss

SOLICITORS: Crown: S Kavanagh Resp: S E O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/3100

LOWER COURT JUDICIAL OFFICER: Sides DCJ

IN THE COURT OF CRIMINAL APPEAL 2007/3278

McCLELLAN CJ at CL HALL J PRICE J

FRIDAY 7 DECEMBER 2007 REGINA v GUY ALAN KARIBIAN Judgment 1 McCLELLAN CJ at CL: I agree with Hall J. 2 HALL J: On 26 July 2007, the Director of Public Prosecutions gave notice of his desire to appeal to this Court against a sentence pronounced by his Honour Judge Sides in the District Court of New South Wales at Campbelltown on 16 July 2007 on the ground that the sentence was manifestly inadequate. 3 The appeal is brought pursuant to the provisions of s.5D of the Criminal Appeal Act 1912. 4 The respondent was charged with the following offences:- 1. On 7 November 2005 at Fairfield Heights, he maliciously damaged a window with intent to cause bodily injury to Sabah Aziz, by means of explosives, contrary to the provisions of s.196(b) of the Crimes Act 1900 . The maximum penalty for the offence is imprisonment for 14 years.