JAH v REGINA [2006] NSWCCA 250

New South Wales Court of Criminal Appeal

CITATION: JAH v REGINA [2006] NSWCCA 250

HEARING DATE(S): 31 January 2006

JUDGMENT DATE: 17 August 2006

JUDGMENT OF: Sully J at 1; Adams J at 2

DECISION: (i) in respect of count 1, grant leave to appeal, allow the appeal, quash the sentence imposed in the District Court and substitute in lieu thereof a fixed term of nine months' imprisonment commencing 24 March 2004 and expiring on 23 December 2004; (ii) in respect of count 2, grant leave to appeal, allow the appeal, quash the sentence imposed in the District Court and substitute in lieu thereof a non parole period of five years, commencing on 24 December 2004 and ending on 23 December 2009 and a balance of term of two years and six month commencing on 24 December 2009 and ending on 23 June 2012; and; (iii) in respect of count 3, grant leave to appeal, dismiss the appeal; (iv) the earliest date upon which the appellant is entitled to be released on parole is 23 December 2009.

CATCHWORDS: Sentence appeal - no question of law raised

Crimes Act 1900 ss 61M(1) & (2), 66A, 66C(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A Criminal Appeal Act 1999 s 6(3)

Pearce v The Queen (1998) 194 CLR 610 R v AGR (unreported, NSWCCA 24 July 1998) R v De Simoni (1981) 147 CLR 383 R v Ellis (1986) 6 NSWLR 603 R v McNamara [2005] NSWCCA 195 CASES CITED: R v Newham [2005] NSWCCA 325 R v Pearson [2005] NSWCCA 116 R v Shankley [2003] NSWCCA 253 R v Tadrosse [2005] NSWCCA 145 R v Walter [2005] NSWCCA 109 Veen v The Queen (No 2) (1998) 164 CLR 465