NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Gunes v Regina [2007] NSWCCA 242
HEARING DATE(S): 6 August 2007
JUDGMENT DATE: 10 August 2007
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 2; Harrison J at 3
DECISION: Leave to appeal granted. Appeal allowed. Quash the sentence imposed by Sorby DCJ and in lieu thereof sentence the applicant to a fixed term of imprisonment commencing on 22 September 2006 and expiring on 6 August 2007.
CATCHWORDS: CRIMINAL LAW – sentence appeal – malicious damage to property by fire - objective gravity of offence – whether sentencing judge had proper regard to offender's limited degree of participation in crime – whether sentence imposed manifestly excessive
LEGISLATION CITED: Crimes Act 1900 - ss 112(1), 195(1)(a) & (b) Crimes (Sentencing Procedure) Act 1999 - s 21A
Lowe v R (1984) 154 CLR 606 R v Burns [2007] NSWCCA 228 CASES CITED: R v De Simoni (1981) 147 CLR 383 R v Gould [1999] NSWCCA 177 R v Ponfield (1998) 48 NSWLR 327 R v Saad [2007] NSWCCA 98
PARTIES: Ozcan Gunes (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/1038
COUNSEL: T A Game SC and A Djemal (Applicant) M L Barr (Respondent)
SOLICITORS: Christopher Raheb, Oxford Legal (Applicant) S Kavanagh, Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0938
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 22 September 2006 (date of sentence)
- 14 - IN THE COURT OF CRIMINAL APPEAL 2007/1038
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