NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: ZAMMIT, Jared Mark v R [2010] NSWCCA 29
HEARING DATE(S): 12/02/2010
JUDGMENT DATE: 2 March 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 40
DECISION: The application for leave is granted and the appeal allowed. The sentences in the District Court are quashed and in lieu the applicant is sentenced to a term of imprisonment made up of a non-parole period of 2 1/2 years and a balance of term of 2 1/2 years. The sentence is to date from 19 June 2008 and the applicant is eligible to be released to parole on 18 December 2010.
CATCHWORDS: CRIMINAL LAW - Sentencing - Aggravated break and enter and Assault occasioning actual bodily harm - whether incorrect finding of facts - whether sentence manifestly inadequate.
LEGISLATION CITED: Crimes Act 1900 -s 112(2)
CATEGORY: Principal judgment
R v Falls [2004] NSWCCA 335R v Millar [2005] NSWCCA 202 CASES CITED : R v Price [2005] NSWCCA 285 Ngati v R [2008] NSWCCA 3 Mulato v R [2006] NSWCCA 282
PARTIES: Jared Mark Zammit v Regina
FILE NUMBER(S): CCA 2008/16033
COUNSEL: F Veltro - Crown D O'Neil - Applicant
SOLICITORS: S Kavanagh - Crown S O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/16033
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 19/02/2009
IN THE COURT OF CRIMINAL APPEAL 2008/16033
McCLELLAN CJ at CL HOWIE J HARRISON J
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