NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Chamma [2009] NSWCCA 92
HEARING DATE(S): 2 April 2009
JUDGMENT DATE: 6 April 2009
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 2; Buddin J at 3
1 Allow the appeal. DECISION: 2 Quash the sentence imposed in the District Court. 3 Sentence the respondent to a non-parole period of 12 months to date from 6 January 2009 and to expire on 5 January 2010 on which date the respondent is to be released on parole. The total term is one of 2 years imprisonment which will expire on 5 January 2011.
CATCHWORDS: Crown appeal - robbery in company - sentence of periodic detention - Henry guideline -whether manifestly inadequate
CATEGORY: Principal judgment
Postiglione v The Queen (1997) 189 CLR 295 R v Bolder and Zaphir [2008] NSWCCA 222 R v Douar (2005) 159 A Crim R 154 CASES CITED : R v Goundar (2001) 127 A Crim R 331 R v Govinden (1999) 106 A Crim R 314 R v Henry (1999) 46 NSWLR 346 R v Murchie (1999) 108 A Crim R 482 R v Wall [2002] NSWCCA 42
PARTIES: Regina Mahmoud Chamma
FILE NUMBER(S): CCA 2008/12679
COUNSEL: P Leask (Crown) (Appellant) W Flynn (Respondent)
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Appellant) Macquarie Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 08/11/0855
LOWER COURT JUDICIAL OFFICER: Graham ADCJ
LOWER COURT DATE OF DECISION: 30 January 2009
IN THE COURT OF CRIMINAL APPEAL 2008/12679
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