NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Raczkowski v Regina [2008] NSWCCA 152
HEARING DATE(S): 24 June 2008
JUDGMENT DATE: 4 July 2008
JUDGMENT OF: Bell JA at 1; Grove J at 2; Latham J at 53
Appeal allowed DECISION: Sentences imposed in District Court quashed Resentenced (see par 52)
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Multiple offences by husband on estranged wife - Breach of current ADVO - Use of firearm - Sentence - Observation of possible ambiguity where standard non-parole period applies to offence against provision by section number and statute declares same penalty for attempt but determination not required - Error in applying apparently intended concurrency - Appropriate to adjust sentence commencement dates
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Hiron v R [2007] NSWCCA 336 Itaoui v R [2005] 158 A Crim R 233 R v Brown [2004] NSWCCA 249 CASES CITED : R v Burton [2008] NSWCCA 128 R v Dunn [2004] 144 A Crim R 180 R v Edigarov [2001] 125 A Crim R 551 R v Hamid [2006] 164 A Crim R 179
TEXTS CITED:
PARTIES: Ted RACZKOWSKI - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2007/00004595
COUNSEL: W Dawe QC - Applicant J Girdham - Respondent/Crown
SOLICITORS: F McGowan - Applicant Solicitor for Public Prosecutions - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/31/0181
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