NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Salvaggio v Regina [2007] NSWCCA 136 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10 May 2007
JUDGMENT DATE: 18 May 2007
JUDGMENT OF: Campbell JA at 1; James J at 2; Smart AJ at 3
DECISION: Leave to appeal against sentence granted; appeal against sentence dismissed
CATCHWORDS: Aggravated detain for advantage and two serious assaults occasioning actual bodily harm - No allowance for accumulation of sentences as a special circumstance - Non-parole period and fixed terms totalling 3 1/2 years out of sentences totalling 4 years - Lesser periods in prison could not be imposed otherwise sentences would not reflect the criminality adequately.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990
CASES CITED: Presta (2000) NSWCCA 40 The Queen v Hudson (1985) FCR 228
PARTIES: Anthony Salvaggio v Regina
FILE NUMBER(S): CCA 2007/386
COUNSEL: (A) Mr M Johnston (C) M W Dawe QC
SOLICITORS: (A) S E O'Connor (C) S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/1130
LOWER COURT JUDICIAL OFFICER: Knox DCJ
LOWER COURT DATE OF DECISION: 23 June 2006
IN THE COURT OF CRIMINAL APPEAL 2007/386
CAMPBELL JA JAMES J SMART AJ
F riday , 18 M ay 2007
A nthony SALVAGGIO v Regina
JUDGMENT
1 CAMPBELL JA: I agree with Smart AJ. 2 JAMES J: I agree with Smart AJ. 3 SMART AJ: Anthony Salvaggio seeks leave to appeal against these sentences of imprisonment, imposed after a trial: Court Offence Sentence 2 Aggravated detain for advantage Non-parole period of 3 years from 17.1.06, balance of term of 1 year expiring 16.1.2010 2b Assault occasioning actual bodily harm Fixed term of 18 months from 17.1.08 to 16.7.09 2c Assault occasioning actual bodily harm Fixed term of 18 months from 17.1.08 to 16.7.09
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate