NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Antonio SALVATORE v R [2009] NSWCCA 104
HEARING DATE(S): 06/04/2009
JUDGMENT DATE: 15 April 2009
JUDGMENT OF: Grove J at 1; Howie J at 2; Buddin J at 30
DECISION: 1. Leave to appeal is granted and the appeal allowed. 2. The sentence on the third count is quashed and in lieu the applicant is sentenced (taking into account the matters on the Form 1) to a fixed term of 10 months that commenced on 23 August 2007 and that expired on 22 June 2008. 3. The sentence imposed on the first count is quashed and in lieu the applicant is sentenced to a term of imprisonment of 4 years 4 months made up of a non-parole period of 2 years 6 months and a balance of term of 1 year 10 months. The sentence commenced on 23 February 2008 and the applicant is eligible to be released to parole on 22 August 2010.
CATCHWORDS: Criminal Law - Sentence appeal - Child prostitution - Effect of delay between offences and arrest - relevance of rehabilitation during delay - whether sentencing judge erred in fact finding - whether reference to "sort of sex slave" give rise to error in evaluation of seriousness of offending.
Crimes Act 1900 - ss 66C(3), 91D(1)(a) and (b) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 21A(2)(g) Criminal Code (Cth) - s 270.3
CATEGORY: Principal judgment
CASES CITED : R v Youkhana [2004] NSWCCA 412 R v Solomon [2005] NSWCCA 158
PARTIES: Antonio Salvatore v Regina
FILE NUMBER(S): CCA 2007/5675
COUNSEL: D Arnott SC - Crown A Francis - Applicant
SOLICITORS: S Kavanagh - Crown S O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
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