NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Giotas v R [2008] NSWCCA 287
HEARING DATE(S): 21 August 2008
JUDGMENT DATE: 5 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Hoeben J at 61
DECISION: Appeal against convictions dismissed. Leave to appeal against sentence granted. Appeal against sentences allowed. Quash the sentences and in lieu thereof on each count sentence the appellant to imprisonment for a non parole period of 2 years 3 months to commence on 29 July 2005 and to expire on 28 October 2007 with a balance of term of 2 years 3 months to commence on 29 October 2007 and expire on 28 January 2010.
Crimes Act, 1900 LEGISLATION CITED: Criminal Appeal Act, 1912 Crimes (Sentencing Procedure) Act, 1999
DRE v R [2006] NSWCCA 280; (2006) 164 A Crim R 400 M v The Queen (1994) 181 CLR 287 Jones v The Queen (1997) 191 CLR 439 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 CASES CITED : Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300 RHMcL v The Queen [200] HCA 46; (2000) 203 CLR 452 R v Hannes [2002] NSWSC 1182; (2002) 173 FLR 1 Tarrant v R [2007] NSWCCA 124; (2007) 171 A Crim R 425 Markarian v R [2005] HCA 25; (2005) 228 CLR 357
PARTIES: Aris Giotas v R
FILE NUMBER(S): CCA 2007/3009
COUNSEL: M. Thangaraj (Appellant) P. Calvert (Crown)
SOLICITORS: Legal Aid Commission (Appellant) Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0975
LOWER COURT JUDICIAL OFFICER: Knox SC DCJ
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