NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Assi v Regina [2006] NSWCCA 257 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 09/08/2006
JUDGMENT DATE: 24 August 2006
JUDGMENT OF: Tobias JA at 1; Howie J at 2; Rothman J at 31
DECISION: Leave to appeal is granted and the appeal is allowed but only so far as it is necessary to address the discrepancy in the period of the overall non-parole period specified and the date given for the expiry of the non-parole period. In respect of count 4 the non-parole period specified is quashed and in lieu there be specified a non-parole period of 6 months to expire on 16 August 2009, the date upon which the applicant is eligible to be released to parole.; The sentences imposed for contempt in the Supreme Court on 4 March 2005 are each to commence on 17 August 2009 and the non-parole period of 3 months is to expire on 16 November 2009 the date upon which the applicant is to be released to parole. The total term of each sentence is to expire on 17 August 2010.
CATCHWORDS: Criminal Law - Sentencing - Fraud offences committed while on bail and parole for similar offences - relevance of pathological gambling addiction - whether sentences manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 - ss 178A, 178BA
CASES CITED: R v Molesworth [1999] NSWCCA 43
PARTIES: Joseph Assi v Regina
FILE NUMBER(S): CCA 2006/406
COUNSEL: D. Woodburne - Crown Applicant in person
SOLICITORS: S. Kavanagh - Crown Applicant in person
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0360
LOWER COURT JUDICIAL OFFICER: Latham DCJ
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