NSW Caselaw
Reported Decision: 201 A Crim R 15077 NSWLR 463
New South Wales Court of Criminal Appeal
CITATION: Nahlous v R [2010] NSWCCA 58 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 31/03/2010
JUDGMENT DATE: 9 April 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 1; Rothman J at 1
DECISION: Application for leave to appeal against sentence is allowed in relation to the count alleging a breach of s 400.6(1) of the Criminal Code 1995 (Cth). The Court quashes the sentence imposed in relation to that count. The Court dismisses the charge pursuant to s 19B(1)(c) of the Crimes Act 1914.
CATCHWORDS: CRIMINAL LAW - Sentence - applicant charged with sale of unauthorised decoders and possession of money received from undercover police officer - possession charge an abuse of process - charge dismissed under s 19B(1)(c) of Crimes Act (Cth)
Criminal Code 1995 (Cth) - s 400.6(1) LEGISLATION CITED: Crimes Act 1914 (Cth) - ss 19B(1)(c), 20(1)(b) Copyright Act 1968 (Cth) - ss 135ASB(1), 135ASC(1) Criminal Appeal Act 1912 (NSW) - s 6(3)
CATEGORY: Principal judgment
R v Janceski [2005] NSWCCA 288 CASES CITED : Arnaout v R [2008] NSWCCA 278; 191 A Crim R 149 Thorn v R [2009] NSWCCA 294 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
PARTIES: Youssef Habib Nahlous v Regina
FILE NUMBER(S): CCA 2009/4817
COUNSEL: S McNaughton - Crown G Gillett - Applicant
SOLICITORS: Commonwealth Director of Public Prosecutions - Crown G Gillett - Applicant
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