NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: David EID v R [2008] NSWCCA 255 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27 October 2008
JUDGMENT DATE: 5 November 2008
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; McCallum J at 43
(1) Leave granted to appeal; DECISION: (2) Appeal dismissed; (3) In respect of first count, the applicant is sentenced to imprisonment with a non-parole period of 6 years and 6 months, commencing on 8 August 2006 and expiring on 7 February 2013, and a balance of term of 3 years and 10 months, expiring on 7 December 2016.
CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - pleas of guilty - armed robbery - knowingly deal in proceeds of crime - conduct dealings to avoid reporting requirements - whether presence of firearm treated as aggravating factor - whether failure to sentence in accordance with s 44(1) Crimes (Sentencing Procedure) Act 1999 - whether manifestly excessive - failure to comply with s 44(1) directive a technical error - sentence re-formulated - appeal dismissed
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 Financial Transaction Reports Act 1988 (Cth)
CATEGORY: Principal judgment
R v Henry [1999] NSWCCA 111; 46 NSWLR 346 CASES CITED : Huynh v R [2006] NSWCCA 224 Bain v R [2006] NSWCCA 79; 161 A Crim R 36 R v Way [2004] NSWCCA 131; 60 NSWLR 168
PARTIES: David EID (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2007/5637
COUNSEL: P Lange (Applicant) G Rowling (Respondent)
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