NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Rahme v Regina [2006] NSWCCA 96
HEARING DATE(S): 27/03/2006
JUDGMENT DATE: 13 April 2006
JUDGMENT OF: Grove J at 1; Adams J at 2; Hislop J at 3
DECISION: 1. Leave to appeal granted; 2. Appeal as to sentence allowed; 3. The sentence imposed by his Honour Judge Finnane on 30 September 2005 is quashed; 4. In lieu thereof the applicant is sentenced to a non-parole period of one year and three months commencing on 4 May 2005 and expiring on 3 August 2006. The balance of the term of one year and nine months is to commence on 4 August 2006 and expire on 3 May 2008; 5. In accordance with the requirements of the Crimes (Sentencing Procedure) Act 1999 s 50 the Court directs the release of the applicant on parole at the end of the non-parole period.
CATCHWORDS: Criminal law - Sentence - Failure to take into account discount for plea of guilty.
LEGISLATION CITED: Crimes Act 1900 - s 195(b) Crimes (Sentencing Procedure) Act 1999 - s 50
CASES CITED: Regina v Shenton [2003] NSWCCA 346 R v Thomson (2000) 49 NSWLR 383
PARTIES: Applicant - Mouawad Rahme Respondent - Regina
FILE NUMBER(S): CCA 2006/347
COUNSEL: Applicant - Mr D. Carroll Respondent - Ms D. Woodburne
SOLICITORS: Applicant - Legal Aid Commission of New South Wales Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0747
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/347
GROVE J ADAMS J HISLOP J
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