NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Perez v Regina [2008] NSWCCA 46
HEARING DATE(S): 05/02/08
JUDGMENT DATE: 6 March 2008
JUDGMENT OF: Beazley JA at 1; James J at 2; Kirby J at 3
(1) Appeal against conviction dismissed DECISION: (2) Leave to appeal against sentence granted (3) Appeal allowed and sentence imposed on 5.12.06 quashed and, in lieu thereof, the appellant is sentenced as follows: On Counts 1 & 2: Imprisonment for 4 years commencing on 26.6.06 and expiring on 25.6.10, with a non parole period of 3 years commencing on 26.6.06 and expiring on 25.6.09; both sentences to be served concurrently. On Count 3A: Imprisonment for 6 years commencing on 26.6.07 and expiring on 25.6.13, with a non parole period of 4 years and 3 months commencing on 26.6.07 and expiring on 25.9.11. On Count 4A: A term of imprisonment consisting of a non parole period of 4 years and 3 months, commencing on 26.6.07 and expiring on 25.9.11, with a balance of term of 1 year 9 months commencing on 26.9.11 and expiring on 25.6.13; such term to be concurrent with the term in respect of count 3A The first day on which he shall be eligible for parole will be 26.9.11.
CATCHWORDS: CRIMINAL PRACTICE & PROCEDURE - appeal against conviction and sentence - Longman direction - delay up to 4 years - whether Longman necessary - relevance of length of delay to content of warning - Markuleski direction - no objection by counsel - Rule 4 - whether inconsistent verdicts - error on sentence - whether lesser sentence warranted in law (s6(3) Criminal Appeal Act).
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999
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