NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Assafiri, Wassim Saad v R (No 2) [2007] NSWCCA 356
HEARING DATE(S): 08/06/2007
JUDGMENT DATE: 18 December 2007
JUDGMENT OF: Basten JA at 1; Grove J at 2; Howie J at 3
DECISION: The Court vacates the sentences imposed on 19 June 2007 and imposes the following sentences upon the applicant: Count 1: Imprisonment for 14 months from 19 September 2006 and to expire on 18 November 2007. Count 2: (Taking into account the matters under s 16BA) imprisonment for 2 years from 19 February 2007 and to expire on 18 February 2009. Count 3: Imprisonment for 19 months from 19 February 2007 and to expire on 18 September 2008. Count 4: Imprisonment for 6 months from 19 February 2007 and to expire on 18 August 2007. The sentences for the related matters are confirmed but are to date from 19 September 2006. The applicant is to serve a period of 1 year 5 months from 19 September 2006 and to expire on 18 February 2008 and is to be released to recognizance on giving surety in the sum of $100 without security on 19 February 2008.
CATCHWORDS: APPEAL - re-opening proceedings to correct errors - re-sentencing.
LEGISLATION CITED: Crimes Act 1914 (Cth) - s 20(1) Criminal Procedure Act 1987 (NSW) - s 166
PARTIES: Wassim Saad Assafiri v Regina
FILE NUMBER(S): CCA 2007/1020
COUNSEL: W Abraham SC - Crown M Thangaraj/D Sulan - Applicant
SOLICITORS: S Kavanagh - Crown Lawyerscorp Pty Ltd - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0312
LOWER COURT JUDICIAL OFFICER: Boulton ADCJ
LOWER COURT DATE OF DECISION: 17/09/2006
IN THE COURT OF CRIMINAL APPEAL CCA 2007/1020
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