NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Adnan ABDALLAH v REGINA [2006] NSWCCA 90
HEARING DATE(S): Friday 24 March 2006
JUDGMENT DATE: 31 March 2006
JUDGMENT OF: Hidden J at 1; Kirby J at 14; Hislop J at 15
DECISION: Leave granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - three counts of receiving - matters on Form 1 - large amount of property - offender in his fifties - prior good character - whether full time custodial sentence appropriate
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v Phillips (CCA, unreported, 11 December 1991)
PARTIES: Adnan ABDALLAH (applicant) REGINA (respondent)
FILE NUMBER(S): CCA 2005/2558
COUNSEL: Miss N Mikhaiel (applicant) Mr L Lamprati SC (respondent)
SOLICITORS: Jack Rigg (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0958
LOWER COURT JUDICIAL OFFICER: Andrew ADCJ
IN THE COURT OF CRIMINAL APPEAL 2005/2558
HIDDEN J KIRBY J HISLOP J
Friday 31 March 2006 Adnan ABDALLAH v REGINA Judgment 1 HIDDEN J: The applicant, Adnan Abdallah, pleaded guilty in the District Court to two counts of receiving stolen property (s188 of the Crimes Act) and a count of receiving property stolen outside the state of New South Wales (s189A of the Crimes Act). Both offences carry a maximum sentence of imprisonment for ten years. He also asked the sentencing judge to take into account on a Form 1 a further offence under each of those provisions. In due course, the learned sentencing judge sentenced him on each count to concurrent terms of imprisonment for two and a half years, comprising a non-parole period of eighteen months and a balance of term of twelve months, dating from 19 July 2005. His Honour took the Form 1 matters into account when sentencing on the third count (receiving property stolen outside New South Wales). He seeks leave to appeal against those sentences.
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