R v Raniga [2009] NSWCCA 35

Reported Decision: 193 A Crim R 184

New South Wales Court of Criminal Appeal

CITATION: R v Raniga [2009] NSWCCA 35 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13 February, 2009

JUDGMENT DATE: 13 February 2009

JUDGMENT OF: Grove J at 1; Blanch J at 2; Latham J at 20

EX TEMPORE JUDGMENT DATE: 13 February 2009

DECISION: Crown appeal allowed. Quash orders of the District Court deferring sentence on the first count and not imposing a sentence on the second count. On the first count and taking into account 2 matters on the Form 1 respondent sentenced to a non-parole period of 6 months with a balance of term of 18 months to date from 13 February, 2009. Non-parole period will expire 12 August, 2009. On the second count impose non-parole period of 3 months from 13 August, 2009 and balance of term of 12 months. Order his release to parole on 12 November, 2009 under terms of supervision specified in the Schedule to the Sentencing Act.

CATCHWORDS: Criminal law - Crown appeal - Form 1 offences - Nominal punishment

Criminal Appeal Act 1912, s5D LEGISLATION CITED: Crimes Act 1900, s97(1), s95 Crimes (Sentencing Procedure) Act 1999, s9, s10A,

CATEGORY: Principal judgment

R v Henry (1999) 46 NSWLR 346 R v Murchie (1999) 108 A Crim R 482 CASES CITED : Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 (2002) 173 A Crim R 180 Azzi v R [2008] NSWCCA 169 R v Tortell & Tsegay [2007] NSWCCA 313 Pearce v The Queen (1998) 194 CLR 610