NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Georgopolous v R [2010] NSWCCA 246
HEARING DATE(S): 26 October 2010
JUDGMENT DATE: 5 November 2010
JUDGMENT OF: Allsop ACJ at 1; Adams J at 9; Howie AJ at 16
1. Leave to appeal is granted, DECISION: 2. The appeal is allowed in part, 3. The sentence imposed in the District Court is confirmed and the Court orders that the applicant be released to parole on 11 June 2011.
CATCHWORDS: Proceedings after conviction – Appeal – Application for leave to appeal against sentence – Plea of guilty – significance of as evidence of remorse – Reasons – applying standard non-parole reasoning in case where no standard non-parole period – Disparity – whether disparity where same sentence imposed after different discounts for plea – Remorse – relevance of plea of guilty to s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, ss 21A(3)(i), 22, 44(2), 50(1), Pt 4 Div 1A Crimes Act 1900 (NSW), s 97(1)
CATEGORY: Principal judgment
Markarian v The Queen [2005] HCA 25; 228 CLR 357 MLP v R [2006] NSWCCA 271; 164 A Crim R 93 R v AJP (2004) NSWCCA 434; (2004) 150 A Crim R 575 CASES CITED : R v MAK & MSK [2006] NSWCCA 381; 167 A Crim R 159 R v Way (2004) NSWCCA 131; 60 NSWLR 168 Sivell v R [2009] NSWCCA 286 Wong v DPP [2005] NSWSC 129; 155 A Crim R 37
PARTIES: Steven Georgopolous - Applicant Regina - Crown
FILE NUMBER(S): CCA 2009/129227
COUNSEL: Ms L Rowan - Appellant Ms V Lydiard - Respondent/Crown
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