NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Bikhit v Regina [2007] NSWCCA 202
HEARING DATE(S): 21 June 2007
JUDGMENT DATE: 13 July 2007
JUDGMENT OF: Beazley JA at 1; Grove J at 3; Simpson J at 11
DECISION: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash sentence. (4) Re-sentence applicant under s 6(3) of the Criminal Appeal Act 1912 making an order under s 10A of the Crimes (Sentencing Procedure) Act 1999 to the effect that the proceedings be disposed of on the basis that no other penalty be imposed. (5) Order the release of the applicant forthwith.
CATCHWORDS: CRIMINAL LAW – SENTENCING – accessory after the fact of fraud – pleas of guilty – parity – objective criminality – no loss to alleged victim demonstrated on prosecution case attributable to applicant's conduct – inability of Crown to identify applicant's criminality – special circumstances – application of s 10A of Crimes (Sentencing Procedure) Act 1999
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
CASES CITED: R v Negline (NSWCCA, 5 December 1990) R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
PARTIES: Samuel Bikhit (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/1206
COUNSEL: B Stratton QC/P McGrath (Applicant) N Noman (Respondent)
SOLICITORS: George Sten & Co (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0763
LOWER COURT JUDICIAL OFFICER: Mahoney ADCJ
LOWER COURT DATE OF DECISION: 29 March 2007
IN THE COURT OF CRIMINAL APPEAL 2007/1206
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