NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Natoli v R [2009] NSWCCA 36
HEARING DATE(S): 19 February 2009
JUDGMENT DATE: 25 February 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Buddin J at 41
(1) Leave to appeal granted. (2) Appeal allowed in part. (3) Vary the sentences for counts 4 and 5 so that they commence on 30 November 2007 and expire on 29 May 2012. DECISION: (4) Vary the sentence for the committal offence so that it commences on 30 November 2008 and expires on 29 August 2012. (5) Quash the sentence on count 1 and in lieu thereof sentence the applicant to a non-parole period of two years eight months commencing on 30 November 2010 and expiring on 29 July 2013 and a parole period of three years four months commencing on 30 July 2013 and expiring on 29 November 2016. (6) Otherwise confirm the sentences imposed by the sentencing judge. (7) The earliest date on which the applicant would be eligible for release on parole will be 29 July 2013.
CATCHWORDS: CRIMINAL LAW — Sentencing — armed robberies — whether sentences manifestly excessive — no question of principle
Cahyahi v The Queen (2007) 168 A Crim R 41 CASES CITED : R v Weldon (2002) 136 A Crim R 55 R v Henry (1999) 46 NSWLR 346
TEXTS CITED: Crimes (Sentencing Procedure) Act Crimes Act
PARTIES: NATOLI, Dominic Regina
FILE NUMBER(S): CCA 2007/13044
COUNSEL: C A Davenport SC - Appellant V J Lydiard - Respondent
SOLICITORS: S O'Connor (Legal Aid Commission) S Kavanagh (Solicitor for Public Prosecutions)
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