NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Goundar, Diana v R [2012] NSWCCA 154 Hearing dates: 2 July 2012 Decision date: 18 July 2012 Before: Basten JA at [1]; Harrison J at [2]; Beech-Jones J at [20] Decision: 1. Grant leave to appeal out of time and allow the appeal. 2. Quash the sentence imposed upon the applicant by James J on 14 August 2011. 3. In lieu of the sentence imposed by James J, sentence the applicant to a non-parole period of imprisonment of 7 years and 2 months commencing on 23 February 2007 and expiring on 22 April 2014 and a balance of term of 2 years and 5 months. 4. Accordingly, the earliest day on which the applicant will be eligible to be released on parole is 22 April 2014. Catchwords: CRIMINAL LAW - appeal - murder - plea of guilty - appeal against sentence - whether manifestly excessive - low level of objective criminality - sentence manifestly excessive - appeal allowed - applicant resentenced. Cases Cited: R v Chandler; Chandler v R [2012] NSWCCA 135 Regina v Munesh Goundar [2010] NSWSC 1170 Category: Principal judgment Parties: Diana Goundar (Applicant) Crown (Respondent) Representation: Counsel:
T Edwards (Applicant) M M Cinque (Respondent) Solicitors:
Blair Criminal Lawyers (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): CCA 2008/6628 Decision under appeal Jurisdiction: 9111 Date of Decision: 2009-08-14 00:00:00 Before: James J File Number(s): SC 2008/6628
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