NSW Caselaw
New South Wales Supreme Court
CITATION : Commissioner for Fair Trading v Diab [2006] NSWSC 1066 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 3 July 2006 JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 07/03/2006
DECISION : On each of the charges a non-parole period of nine months commencing on 9 September 2006 and concluding on 8 June 2007. The balance of the term commences on 9 June 2007 and expires on 8 March 2008. ; The offender is to be released on parole on 8 June 2007. Upon his release on parole he is to be supervised by the Probation and Parole Service.
CATCHWORDS : Sentence - contempt - breach of orders under Fair Trading Act 1987 - earlier convictions and sentences for offences under Crimes Act 1900 - need to avoid double counting.
Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 s44 LEGISLATION CITED : Fair Trading Act 1987 s65 Home Building Act 1989 s138 Supreme Court Rules Part 55
CASES CITED : Pearce v The Queen (1998) 194 CLR 610
PARTIES : Commissioner for Fair Trading (Plaintiff) Ahmad DIAB (Defendant)
FILE NUMBER(S) : SC 15729/05
COUNSEL : Mr R Wilson (Plaintiff) Mr J Stratton SC (Defendant)
SOLICITORS : D Catt (Plaintiff) Self-represented (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION APPLICATIONS LIST
ADAMS J
MONDAY 3 JULY 2006
15729/05 COMMISSIONER FOR FAIR TRADING v AHMAD DIAB
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