NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dagdanasar v R [2010] NSWCCA 310
HEARING DATE(S): 3 December 2010
JUDGMENT DATE: 16 December 2010
JUDGMENT OF: McClellan CJatCL at 1; Hislop J at 2; Price J at 3
DECISION: 1. Leave to appeal against sentence be granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentencing - offence contrary to s 154A(1)(b) Crimes Act 1900 - whether error in assessment of objective seriousness of offence - whether value of motor vehicle driven by offender was relevant - whether error in failure by sentencing judge to refer to possibility of summary disposal - whether sentence manifestly excessive
Crimes Act 1900 s 33B(1)(a), 154A(1)(a), 154A(1)(b) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 44(2) Criminal Procedure Act 1986 s 166 Road Transport (Safety and Traffic Management) Act 1999 s 42(2)
CATEGORY: Principal judgment
Georgopolous v R [2010] NSWCCA 246 House v The King (1936) 55 CLR 499 Markarian v R (2005) 228 CLR 357 Mulato v R [2006] NSWCCA 282 Pearce v R (1998) 194 CLR 610 CASES CITED : R v El Masri [2005] NSWCCA 167 R v Johnson [2004] NSWCCA 140 R v McNaughton [2006] NSWCCA 242 R v Palmer [2005] NSWCCA 349 R v Way (2004) 60 NSWLR 168 Wise v R [2006] NSWCCA 264
PARTIES: Mustafa Dagdanasar Crown
FILE NUMBER(S): CCA 2008/17482
COUNSEL: M Coroneos (Applicant) D Arnott SC (Crown)
SOLICITORS: Hanby & Associates, Lawyers (Applicant) Solicitor for Public Prosecutions (Crown)
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