NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Awit v R [2008] NSWCCA 321
HEARING DATE(S): 22 September 2008
JUDGMENT DATE: 18 December 2008
JUDGMENT OF: Beazley JA at 1; Hislop J at 2; Price J at 37
DECISION: Grant leave to appeal; allow the appeal in part; quash the sentence on count 4 and in lieu thereof sentence the applicant on count 4 to imprisonment for a non parole period of 4 years commencing on 8 December 2005 and expiring on 7 December 2009 with a further period of imprisonment of three years to commence on 8 December 2009 and expire on 7 December 2012. The earliest date on which the applicant will be eligible for release to parole is 7 December 2009.
LEGISLATION CITED: Crimes Act, 1900 Crimes (Administration of Sentences) Regulation, 2008
R v Hoar (1981) 148 CLR 32 CASES CITED : R v Altham (1992) 62 A Crim R 126 GAS v R [2004] HCA 22; (2004) 217 CLR 198 R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
PARTIES: Adam Awit v R
FILE NUMBER(S): CCA 2007/2839
COUNSEL: N. Mikhaiel (Applicant) P. Calvert (Crown)
SOLICITORS: Catherine Hunter (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0861
LOWER COURT JUDICIAL OFFICER: Solomon DCJ
LOWER COURT DATE OF DECISION: 16 February 2007
IN THE COURT OF CRIMINAL APPEAL 2007/2839
BEAZLEY JA HISLOP J PRICE J
Thursday 18 December 2008 ADAM AWIT v R Judgment 1 BEAZLEY JA: I agree with Hislop J. 2 HISLOP J:
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