NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Maglis v R [2010] NSWCCA 247
HEARING DATE(S): 28 October 2010
JUDGMENT DATE: 15 November 2010
JUDGMENT OF: Handley AJA at 1; Adams J at 2; Howie AJ at 3
1. The application for leave be granted and the appeal be allowed in part. 2. The sentences for counts 3 and 4 are quashed. DECISION: 3. In lieu the applicant is sentenced as follows: (a) On count 3 a term of imprisonment made up of a non-parole period commencing on 9 November 2010 and expiring on 4 June 2013 with a balance of term to expire on 28 March 2016. (b) On count 4 a term of imprisonment made up of a non-parole period commencing on 9 November 2010 and expiring on 4 June 2013 with a balance of term to expire on 28 March 2016.
CATCHWORDS: Proceedings after conviction – Appeal – Sentence – application of totality principle – partly cumulative sentences – finding of special circumstances not reducing over all non-parole period.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s 44 Crimes Act 1900, s 97(1),(2)
CATEGORY: Principal judgment
Lesi [2010] NSWCCA 240 CASES CITED : Nahlous v R [2010] NSCCA 58 Schembri v R [2010] NSWCCA 142 Taufahema [2010] NSWCCA 241
PARTIES: Michael John MAGLIS - Applicant Regina - Crown/Respondent
FILE NUMBER(S): CCA 2008/7691
COUNSEL: Mr K Averre - Applicant Ms S Dowling - Crown/Respondent
SOLICITORS: SE O'Connor, Legal Aid - - Applicant S Kavanagh, Solicitor for Public Prosecutions - Crown/Respondent
LOWER COURT JURISDICTION: District Court
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