NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kalemusic v R [2009] NSWCCA 178
HEARING DATE(S): 12 June 2009
JUDGMENT DATE: 8 July 2009
JUDGMENT OF: Allsop P at 1; Price J at 2; Harrison J at 53
DECISION: 1. Leave to appeal against sentence granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - SENTENCING - whether facts found were open on the evidence - agreed facts - assessment of offenders role - whether sentence manifestly excessive - parity
Crimes Act 1900 s 527(1)(a) Criminal Procedure Act 1986 s 166(1)(b) LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 s 24(2), s 25(2) Firearms Act 1996 s 7(1), s 65(3)
CATEGORY: Principal judgment
Cvitan v R; R v Cvitan [2009] NSWCCA 156 Hopley v R [2008] NSWCCA 105 House v The Queen (1936) 55 CLR 499 CASES CITED : Postiglione v The Queen (1997) 189 CLR 295 R v HFW (Court of Criminal Appeal, 18 May 2007, unreported) R v Khouzame [2000] NSWCCA 505 R v Merritt (2004) 59 NSWLR 557 The Queen v Olbrich (1999) 199 CLR 270
PARTIES: David Kalemusic Regina
FILE NUMBER(S): CCA 2007/5829
COUNSEL: C Davenport SC (Applicant) D Arnott SC (Respondent)
SOLICITORS: O'Brien & Hudson Solicitors (Applicant) S Kavanagh Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 14 December 2007
IN THE COURT OF CRIMINAL APPEAL 2007/5829
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