NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Les FERENC [2009] NSWCCA 126
HEARING DATE(S): 23/04/2009 JUDGMENT OF: Grove J at 1, 34; Howie J at 2, 36; RA Hulme J at 35
EX TEMPORE JUDGMENT DATE: 23 April 2009
DECISION: 1. The appeal is allowed and the sentence imposed in the District Court is quashed. 2. The respondent is sentenced to a term of imprisonment of 4 years 3 months. There is to be a non-parole period of 3 years. The sentence is to date from 1 May 2008. The respondent is eligible to be released to parole on 30 April 2011. There is a balance of term of 15 months.
CATCHWORDS: Criminal Law - Crown appeal on sentence - Aggravated robbery by offender on parole - whether judge erred in assessing the offence as in the low range - whether sentence manifestly inadequate by being substantially concurrent with balance of parole - whether Court should resentence the respondent.
LEGISLATION CITED: Crimes Act 1900 - ss 95(1), 97(1) Crimes (Sentencing Procedure) Act 1999 - s 3A
CATEGORY: Principal judgment
R v Henry (1999) 46 NSWLR 346 R v Li (NSWCCA, 9 July 1997, unreported) CASES CITED : Azzi v R [2008] NSWCCA 169 R v Tortell and Tsegay [2007] NSWCCA 313 Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145 Markarian v The Queen [2005] HCA 25; 228 CLR 357
PARTIES: Regina v Les Ferenc
FILE NUMBER(S): CCA 2008/8131
COUNSEL: P A Leask - Crown A Haesler SC - Respondent
SOLICITORS: S Kavanagh - Crown S O'Connor - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/8131
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