NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Yammine v R [2010] NSWCCA 123
HEARING DATE(S): 08/06/2010
JUDGMENT DATE: 23 June 2010
JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 2; Barr AJ at 3
1. Grant leave to appeal against the sentence for the offence committed under s 51D(2) Firearms Act 1996. DECISION: 2. Dismiss the appeal. 3. Refuse leave to appeal against the sentence for the offence committed under s 35 Crimes Act 1900.
CATCHWORDS: Appeal against sentence - aggravated unauthorised possession of firearms - sentencing judge misinformed about standard non-parole period - error in sentencing - whether less severe sentence warranted in law - Application for leave to appeal against sentence - malicious wounding - knife used - sentence not manifestly excessive - sentence already expired - leave refused
Crimes (Sentencing Procedure) Act 1999 - s 32 Firearms Act 1996 - s 51D(2) LEGISLATION CITED: Crimes Act 1900 - s 35(1)(a) Crimes (Sentencing Procedure) Amendment Act 2008 - Sched 2 cl 17 Interpretation Act 1987 - ss 3, 34 Criminal Appeal Act 1912 - s 6(3)
CATEGORY: Principal judgment
Harrison v Melhem[2008] NSWCA 67 R v Mack [2009] NSWCCA 216 R v Middlebrook [2004] NSWCCA 49 R v Gardiner [2006] NSWCCA 190 CASES CITED : R v Brown [2006] NSWCCA 249 R v George (2004) 149 A Crim R 38 Nowak v R [2008] NSWCCA 89 R v Astill (No 2) (1992) 64 A Crim R 289 R v Simpson [2001] NSWCCA 534 R v Douar [2005] NSWCCA 455
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