Dionys v R [2011] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dionys v R [2011] NSWCCA 272 Hearing dates: 3 November 2011 Decision date: 14 December 2011 Before: McCLELLAN CJ at CL at 1 ADAMS J at 2 HOEBEN J at 12 Decision: In respect of count 1, leave to appeal is granted but the appeal is dismissed. In respect of count 2, leave to appeal is granted and the appeal is allowed. The sentence imposed by his Honour on 2 December 2010 in respect of count 2 is quashed and the applicant is sentenced as follows: In respect of count 2, the applicant is sentenced to a term of imprisonment with a non-parole period of 7 years and 6 months commencing 26 August 2010 and expiring 25 February 2018 with a balance of term of 4 years and 6 months expiring 25 August 2022. Catchwords: CRIMINAL LAW - sentence appeal - sale and possession of unauthorised firearms - sale and possession offences relating to same firearms - 179 firearm offences included on a Form 1 attached to the possession charge - whether applicant sentenced on a correct factual basis - application of standard non-parole period legislation to offences - need to re-sentence applicant - principles applicable when sentencing for an offence to which Form 1 matters are attached - the requirement to sentence only for the primary offence - need to partially accumulate sentences. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Attorney General's Application under section 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Markarian v The Queen [2005] HCA 25, (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39 Pearce v The Queen [1998] HCA 57, (1998) 194 CLR 610 R v Grube [2005] NSWCCA 140 R v Brown [2006] NSWCCA 249 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Yammine v R [2010] NSWCCA 123 Category: Principal judgment Parties: Aristos Dionys - Applicant Regina - Respondent Crown Representation: M Thangaraj SC/Mr I MacLachlan - Applicant M Cinque - Respondent Crown Kiki Kyracou Lawyers - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2009/192505 Decision under appeal Date of Decision: 2010-12-02 00:00:00 Before: Delaney DCJ File Number(s): 2009/192505