R v Chaaban [2006] NSWCCA 352

Reported Decision : 166 A Crim R 406

New South Wales Court of Criminal Appeal

CITATION: R v Chaaban [2006] NSWCCA 352 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 18 October 2006

JUDGMENT DATE: 14 November 2006

JUDGMENT OF: Basten JA at 1; Hidden J at 15; Bell J at 51

DECISION: Appeal allowed (by majority) - respondent re-sentenced on the second charge to a fixed term of imprisonment for 3 years and 4 months from 14 July 2004; on the first charge a non-parole period of 2 years and 10 months from the 14 July 2005 and ending on 13 May 2008, with the balance of term of 2 years and 9 months from 14 May 2008 and ending on the 13 February 2011.

CATCHWORDS: CRIMINAL LAW: - Crown appeal against sentence imposed by Court of Criminal Appeal - Criminal Appeal Act, s5DA - respondent's failure to fulfil undertaking to give evidence against co-offender - respondent threatened and assaulted - Court's discretion not to intervene

Criminal Appeal Act 1912 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995

R v El-Sayed (2003) 57 NSWLR 659 R v Bagnall & Russell (unrep, 10 June 1994) R v Chaaban [2006] NSWCCA 107 R v Gallagher (1991) 23 NSWLR 220 R v Sukkar [2006] NSWCCA 92 CASES CITED: R v DV [2005] NSWCCA 319 R v Hocking [2000] NSWCCA 339 R v KS [2005] NSWCCA 87 R v O'Brien (CCA unreported 10 June 1993) R v Waqa (2004) 149 A Crim R 143 R v Hammond (2002) 121 A Crim R 1

PARTIES: Regina (applicant) Nazmi Chaaban (respondent)