Sassine v R [2008] NSWCCA 146

New South Wales Court of Criminal Appeal

CITATION: Sassine v R [2008] NSWCCA 146

HEARING DATE(S): 13 May 2008

JUDGMENT DATE: 30 June 2008

JUDGMENT OF: Beazley JA at 1; Johnson J at 2; McCallum J at 3

1. Leave to appeal granted. 2. Appeal allowed, in part. DECISION: 3. The sentence imposed by Sweeney DCJ in respect of count 1 is quashed. 4. In respect of count 1, the applicant is sentenced to imprisonment for a non-parole period of 3 years to commence on 1 September 2007 together with an additional term of 2 years. 5. I record as the first date upon which the respondent will become eligible for parole 31 August 2010.

CATCHWORDS: CRIMINAL LAW - conspiracy offences - SENTENCING - purported duplication of sentence on counts on indictment and matters on Form 1 - special circumstances - parity - partial resentencing

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

CATEGORY: Principal judgment

CASES CITED : Pearce v The Queen (1998) 194 CLR 160 R v Burke [2002] NSWCCA 353

PARTIES: Fouad Sassine (Applicant) Regina (Respondant)

FILE NUMBER(S): CCA 2007/2961

COUNSEL: Mr B Cross (Applicant) Mr L Lamprati SC (Respondent)

SOLICITORS: Mr S Kavanagh (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0861

LOWER COURT JUDICIAL OFFICER: Sweeny DCJ

LOWER COURT DATE OF DECISION: 4 May 2007

- 12 - IN THE COURT OF CRIMINAL APPEAL 2007/2961

BEAZLEY JA JOHNSON J McCALLUM J