NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Shaun Joseph Vlismas v Regina [2006] NSWCCA 270
HEARING DATE(S): 2 August 2006
JUDGMENT DATE: 2 August 2006
JUDGMENT OF: Beazley JA at 1; Hulme J at 28; Hislop J at 29
EX TEMPORE JUDGMENT DATE: 08/02/2006
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: SENTENCING – appeal against sentences – whether manifestly excessive – role of appellant more serious than that of co-offender – sentences appropriate given seriousness of offences - SENTENCING – parity – sentencing judge gave same effective sentence to appellant and co-offender – sentencing judge erred in not considering additional offence committed by co-offender separately – regard must be had to questions of parity in determining sentences – no interference with sentences
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW) s 33 Drug Misuse and Trafficking Act 1985 (NSW) s 23(2)(a), 25(1), 29
CASES CITED: R v Mangano (2006) NSWCCA 35
PARTIES: Shaun Joseph Vlismas (Appellant) Crown (Respondent)
FILE NUMBER(S): CCA 2006/1145
COUNSEL: G Wendler (Appellant) J Dwyer (Crown)
SOLICITORS: R van Houten (Appellant) S Kavanagh (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/1109; 05/21/1110; 05/21/1111
LOWER COURT JUDICIAL OFFICER: English DCJ
LOWER COURT DATE OF DECISION: 13 December 2005
- 7 - IN THE COURT OF CRIMINAL APPEAL CCA 2006/1145
BEAZLEY JA HULME J HISLOP J
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