NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Xenos v R [2009] NSWCCA 64
HEARING DATE(S): 11 March 2009
JUDGMENT DATE: 11 March 2009
JUDGMENT OF: Grove J at 1; Price J at 2; Blanch J at 24
EX TEMPORE JUDGMENT DATE: 11 March 2009
DECISION: 1.Grant leave for an extension of time within which to bring this application. 2. Grant leave to appeal 3. Allow the appeal. 4. Confirm the head sentence of 45 weeks. 5. Set a non-parole period of 7 months and 24 days commencing on 4 September 2008 and expiring on 27 April 2009 with a balance of term of 2 months and 18 days commencing on 28 April 2009 and expiring on 15 July 2009. The applicant is to be released to parole on 27 April 2009.
CATCHWORDS: Criminal law - sentencing - periodic detention of Prisoners Act 1981 - cancellation of an order for periodic detention in absence of offender - failure to set a minimum and additional term.
Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 s 21, s 27(4) LEGISLATION CITED: Periodic Detention of Prisoners Act 1981 s 25, s 27(1)(c) Sentencing Act 1989 s 5(2), s 24
CATEGORY: Principal judgment
O'Meara v R [2008] NSWCCA 154 CASES CITED : R v Sajin [2003] NSWCCA 384 R v Wilson (1997) 93 A Crim R 301
PARTIES: Nicholas Xenos Regina
FILE NUMBER(S): CCA 1993/4646
COUNSEL: Mr H Danji (Applicant) Mr Lamprati SC (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Karpin DCJ
LOWER COURT DATE OF DECISION: 11 February 1994
IN THE COURT OF CRIMINAL APPEAL 1993/4646
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