R v Tyrone Chishimba, Tyrone Chishimba v R; Likumbo Makasa v R, R v Likumbo Makasa; Mumbi Peter Mulenga v R, R v Mumbi Peter Mulenga [2010] NSWCCA 228

New South Wales Court of Criminal Appeal

CITATION: R v Tyrone Chishimba, Tyrone Chishimba v R; Likumbo Makasa v R, R v Likumbo Makasa; Mumbi Peter Mulenga v R, R v Mumbi Peter Mulenga [2010] NSWCCA 228 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6 August 2010

JUDGMENT DATE: 8 October 2010

JUDGMENT OF: Macfarlan JA at 1; James J at 180; McCallum J at 181

(1) Grant leave to the appellants Chishimba, Makasa and Mulenga to appeal upon the grounds contained in their Notices of Appeal, other than Grounds 3 and 4 referred to in [22] of the Court's reasons for judgment, leave to appeal not being required in respect of Grounds 3 and 4; (2) Refuse leave under rule 4 Criminal Appeal Rules for those appellants to rely upon Grounds 3 and 4; (3) In respect of Count 1 allow the appeals of each of those appellants and quash each of the convictions; DECISION: (4) Direct that on this Count a judgment and verdict of acquittal be entered in relation to each of those appellants; (5) In relation to Counts 8, 10 and 16, vary the commencement date of the sentence imposed upon the appellant Makasa so that the sentence in relation to the convictions on those Counts is imprisonment for a term of 2 years, consisting of a non-parole period of 1 year commencing on 4 March 2008 and expiring on 3 March 2009, with a balance of term of 1 year expiring on 3 March 2010; (6) Dismiss the Crown appeal against sentence, with reasons to be published subsequently; and (7) The effect of the above orders is that the appellants Chishimba, Makasa and Mulenga are entitled to be released from custody immediately.