ARSIOTIS v REGINA [2015] NSWCCA 275

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ARSIOTIS v REGINA [2015] NSWCCA 275 Hearing dates: 19 October 2015 Date of orders: 19 October 2015 Decision date: 19 October 2015 Before: Bathurst CJ at [1]; Hidden J at [12]; Davies J at [13] Decision: 1 Grant the applicant leave to appeal.

2 Quash the sentence imposed by the sentencing judge and, in lieu thereof, impose a sentence of 18 months imprisonment, commencing on 6 January 2015 and expiring on 5 July 2016.

3 Order, pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), that the applicant be released from imprisonment on 25 November 2015, upon entering into a recognisance in the sum of $250, without security, to be of good behaviour for the period from 26 November 2015 up to and including 5 July 2016. Catchwords: CRIMINAL LAW – appeal - sentencing – discount for guilty plea – resentencing where primary judge erred in calculation of discount for guilty plea Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Category: Principal judgment Parties: Michalis Arsiotis (Applicant) Crown (Respondent) Representation: Counsel: S McGee (Applicant) K Marinos (Respondent)

Solicitors: Kiki Kyriacou Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2014/53188 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 1 May 2015 Before: Acting Judge Delaney File Number(s): 2014/00053188