R v Jagurdzia [2014] NSWCCA 3

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Jagurdzia [2014] NSWCCA 3 Hearing dates: 5 February 2014 Decision date: 07 February 2014 Before: Simpson J, Hall J, Schmidt J Decision: 1. The Crown's appeal is upheld. It is noted the respondent's appeal has been withdrawn. 2. The sentence is quashed. 3. The matter is remitted to the District Court for re-sentence. Catchwords: CRIMINAL LAW - Crown appeal - sentence imposed contrary to law - non-parole period - released to parole without serving minimum period in custody - appeal allowed - matter referred to District Court for re-sentence Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Hili v R [2010] HCA 45; (2010) 242 CLR 520 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 O'Neil-Shaw v The Queen [2010] NSWCCA 42 Power v R [1974] HCA 26; (1974) 131 CLR 623 Regina v Pamplin [2001] NSWCCA 327 Category: Principal judgment Parties: Regina Elmir Jagurdzia Representation: Counsel: Ms J Girdham SC (Crown) Mr D Woodbury (Respondent) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Crown) J Taylor (Respondent) File Number(s): 2012/36554 Publication restriction: None Decision under appeal Date of Decision: 2013-09-12 00:00:00 Before: Craigie DCJ File Number(s): 2012/365554