Cahyadi v Regina [2007] NSWCCA 1

Reported Decision: 168 A Crim R 41

New South Wales Court of Criminal Appeal

CITATION: Cahyadi v Regina [2007] NSWCCA 1

HEARING DATE(S): 16/01/2007

JUDGMENT DATE: 24 January 2007

JUDGMENT OF: Adams J at 1; Howie J at 13; Price J at 42

DECISION: The appeal is allowed and the sentences are quashed and in lieu the applicant is sentenced as follows: (1) On the first count and taking into account the matters on the Form 1 a fixed term of 2 years to date from 6 May 2005 and to expire on 5 May 2007. (2) On the second count a sentence of 1 year to date from 6 November 2005 and to expire on 5 November 2006. (3) On the third count and taking into account the additional matters a sentence of 3 years to date from 6 May 2006. (4) In relation to the second and third counts there is to be a non-parole period of 2 years 2 months to commence on 6 November 2005 and to expire on 5 January 2008.

CATCHWORDS: Criminal Law - Sentencing - mixed Commonwealth and State offences -most serious offending Commonwealth crimes - whether non-parole period being 75 per cent of total sentence appropriate in those circumstances.

Crimes Act 1900 - s 302A LEGISLATION CITED: Criminal Code (Cth) 1995 - ss 400.5, 400.9 Financial Transaction Reports Act 1988 (Cth) Crimes (Sentencing Procedure) Act 1999 - s 44

R v Thomson and Houlton (2000) 49 NSWLR 383 R v MMK [2006] NSWCCA 272 Cameron v The Queen (2002) 209 CLR 339 CASES CITED: Markarian v The Queen (2005) 79 ALJR 1048 R v Scott [2003] NSWCCA 286 R v Heikkinen [2006] NSWCCA 50 R v Dib [2003] NSWCCA 117

PARTIES: Kevin Cahyadi v Regina