NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Rossi-Murray [2009] NSWCCA 177
HEARING DATE(S): 25/05/2009
JUDGMENT DATE: 8 July 2009
JUDGMENT OF: Giles JA at 1; Howie J at 2; Buddin J at 64
DECISION: 1. The Crown appeal is allowed. 2. The sentences imposed in the District Court are quashed. 3. The respondent is sentenced on the offence of wounding with intent to inflict grievous bodily harm to a term of imprisonment consisting of a non-parole period of 3 years 6 months and a balance of term of 3 years 6 months to date from 15 April 2008. The non-parole period expires on 14 October 2011. 4. The respondent is sentenced on the offence of specially aggravated break and enter to a term of imprisonment consisting of a non-parole period of 5 years and a balance of term of 4 years to date from 15 October 2009. The non-parole period expires on 14 October 2014 the date upon which the respondent is eligible to be released to parole.
CATCHWORDS: Criminal Law - Crown appeal - offences of home invasion and wounding with intent - whether offences is mid range of seriousness - whether departure from standard non-parole period too great - appropriateness of ex tempore remarks in complex sentencing case - failure to refer to aggravating factors including that offender on conditional bail.
LEGISLATION CITED: Crimes Act 1900 - ss 33, 105A, 112(3) Crimes (Sentencing Procedure) Act 1999 - s 21A
CATEGORY: Principal judgment
Carroll v The Queen [2009] HCA 13; 83 ALJR 579 CASES CITED : R v AB [2005] NSWCCA 360 The Queen v Osenkowski (1982)n 30 SASR 212 R v Li (NSWCCA, unreported, 9 July 1997)
PARTIES: Regina v Barmah Rossi-Murray
FILE NUMBER(S): CCA 2008/16926
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