NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Marracos v R [2008] NSWCCA 267
HEARING DATE(S): 21 August 2008
JUDGMENT DATE: 19 November 2008
JUDGMENT OF: Basten JA at 1; Hislop J at 2; Price J at 29
DECISION: (1) Grant leave to appeal in respect of the sentences imposed with respect to counts 3 and 4; (2) In respect of each of those sentences, allow the appeal and quash the sentence; (3) In lieu thereof, sentence the applicant: (a) in respect of Count 3 to a period of imprisonment of 12 months to date from 16 September 2008 and expire on 15 September 2009; (b) in respect of Count 4 to imprisonment for a non parole period of 18 months to date from 16 January 2009 and expire on 15 July 2010, with a balance of term of 18 months commencing on 16 July 2010 and expiring on 15 January 2012; (4) The earliest date upon which the applicant will be eligible for parole will be 15 July 2010.
Criminal Code Act, 1995 (Cth) LEGISLATION CITED: Weapons Prohibition Act, 1998 Firearms Act, 1996 Crimes (Sentencing Procedure) Act, 1999
R v Way [2004] NSWCCA 131, (2004) 60 NSWLR 168 R v Davies [2004] NSWCCA 319 Vu v R [2006] NSWCCA 188 CASES CITED : Pearce v The Queen [1998] HCA 57 R v Tobar [2004] NSWCCA 391 Mulato v R [2006] NSWCCA 282 R v Newell [2004] NSWCCA 183 R v El Masri [2005] NSWCCA 167
PARTIES: Frank Marracos v R
FILE NUMBER(S): CCA 2007/4390
COUNSEL: H. Dhanji (Applicant) J. Girdham (Crown)
SOLICITORS: Martin Ricci Solicitors (Applicant) Solicitor for Public Prosecutions
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