NSW Caselaw
New South Wales Supreme Court
CITATION : Ahio v DPP (NSW) [2008] NSWSC 565
HEARING DATE(S) : 6 May 2008
JUDGMENT DATE : 11 June 2008
JURISDICTION : Common Law Division
JUDGMENT OF : Hislop J
DECISION : (1) The time in which to appeal or seek leave to appeal is extended to 4.00 pm on 4 March 2008. (2) Leave is granted pursuant to s 53(1) of the Crimes (Appeal and Review) Act, 2001 to appeal to this court against sentence on grounds that involve a question of mixed law and fact. (3) Set aside the sentence in respect of the offence of maliciously inflicting grievous bodily harm and remit the matter to the Downing Centre Local Court for redetermination of sentence, if possible by the second defendant, in accordance with the directions of this Court. (4) Each party to bear his or her costs of this appeal.
CATCHWORDS : CRIMINAL LAW - sentence - extra-curial punishment.
Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 LEGISLATION CITED : Crimes (Appeal and Review) Act, 2001 Supreme Court Act, 1970 Security Industry Act, 1997
CASES CITED : R v Daetz (2003) 139 A Crim R 398 Application by the Attorney General under s 37 of the Crimes (Sentencing Procedure) Act (2004) 61 NSWLR 305
Michael Ahio (Plaintiff) PARTIES : Director of Public Prosecutions (NSW) (1st Defendant) Her Honour Magistrate Haskett (2nd Defendant)
FILE NUMBER(S) : SC 15516/07
I. McLachlan (Plaintiff) COUNSEL : C.A. Webster (1st Defendant) Submitting appearance (2nd Defendant)
Bannister, Kyriacou Nasser Lawyers (Plaintiff) SOLICITORS : Solicitor for Public Prosecutions (1st Defendant) Crown Solicitor (2nd Defendant)
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