Zaharos v R [2008] NSWCCA 336

New South Wales Court of Criminal Appeal

CITATION: Zaharos v R [2008] NSWCCA 336

HEARING DATE(S): 11 December 2008

JUDGMENT DATE: 22 December 2008

JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 29; Howie J at 30

1. Grant leave to appeal and uphold the appeal. DECISION: 2.The sentence imposed in the District Court is quashed. 3.The applicant is sentenced to a non-parole period of 2 years and 9 months commencing on 2 March 2007 and to expire on 1 December 2009 being the date upon which he is eligible to be released to parole. There is an additional term of 1 year and 3 months to commence on 2 December 2009 and concluding on 1 March 2011.

CATCHWORDS: CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - appeal against sentence - appeal by convicted persons - applications to reduce sentence - when granted - offences against the person - whether applicant's mental illness was causally connected to the commission of the offence - whether trial judge erred in approach to special circumstances - whether discount for plea sufficient whether sentence manifestly excessive

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

R v Dib [2003] NSWCCA 117; R v Fidow [2004] NSWCCA 172 R v Hemsley [2004] NSWCCA 228 R v Henry & Ors [1999] NSWCCA 111 CASES CITED : R v Matthews [2004] NSWCCA 112; (2004) 145 A Crim R 445 R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704 R v SY [2003] NSWCCA 291 R v Wright (1997) 93 A Crim R 48 Sullivan v R; Skillin v R [2008] NSWCCA 296

PARTIES: Spyros Zaharos (Applicant) The Crown