NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Baldini v Regina [2007] NSWCCA 327
HEARING DATE(S): 21 November 2007
JUDGMENT DATE: 21 November 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Price J at 4
EX TEMPORE JUDGMENT DATE: 21 November 2007
DECISION: (i) Leave to appeal be granted. (ii) Quash the sentences imposed for counts 1, 2 and 3. (iii) Re-sentence the applicant under s 6(3) of the Criminal Appeal Act 1912 making an order under s 10A of the Crimes (Sentencing Procedure) Act 1999 on each count to the effect that the proceedings be disposed of on the basis that no other penalty be imposed. (iv) Order the release of the applicant forthwith.
CATCHWORDS: Criminal law - sentencing - accessory after the fact of fraud - pleas of guilty - assessment of objective seriousness - parity - assistance to authorities - special circumstances - no loss attributable to applicant's conduct - application of s 10A of Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900 s 176A, s 347 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10A, s 21A(2)(g), s 21A(2)(n), Criminal Appeal Act 1912 s 6(3)
Bikhit v Regina [2007] NSWCCA 202 R v Ilbay [2000] NSWCCA 251 CASES CITED: R v Kollas & Mitchell [2002] NSWCCA 491 R v Negline NSWCCA 5 December 1990 Regina v Sukkar [2006] NSWCCA 92
PARTIES: Paul Baldini Regina
FILE NUMBER(S): CCA 3011/2007
COUNSEL: S Hanley - Applicant N Adams - Respondent
SOLICITORS: Watsons - Applicant S Kavanagh Solicitor for Public Prosecutions - Repsondent
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