CITATION: ANAKI v R [2006] NSWCCA 414 HEARING DATE(S): 10 November 2006
JUDGMENT DATE:
10 November 2006JUDGMENT OF: McClellan CJ at CL at 43; Hulme J at 1; Rothman J at 44 DECISION: See paragraph 40 PARTIES: William Anaki
ReginaFILE NUMBER(S): CCA 2005/1788 COUNSEL: Crown: J Dwyer
Applicant: C Nash, D KangSOLICITORS: Crown: S Kavanagh
Applicant: Ford Criminal LawyersLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/11/1422 LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
IN THE COURT OF
CRIMINAL APPEAL
2006/1849
FRIDAY 10 NOVEMBER 2006McCLELLAN CJ AT CJ
HULME J
ROTHMAN JWilliam James ANAKI v ReginaJudgment1 HULME J : William Anaki seeks leave to appeal against three sentences imposed on him on 10 February last by Judge Blackmore. The offences and the sentences imposed were:-
1. On 2 May 2003 while armed with an offensive instrument, namely a sledge hammer assaulting Robert Zobouian with intent to rob - imprisonment for a non parole period of 3 years and 6 months commencing on 2 August 2011 together with a balance of term of 3 years and 6 months.
2. On 13 May 2003 being armed with an offensive weapon, namely a sledge hammer robbing Vic Baracz of a sum of money, the property of Westpac Banking Corporation – imprisonment for a non parole period of 4 years and 6 months commencing on 2 August 2005 together with a balance of term of 1 year and 6 months.
3. On 12 June 2003 attempting to rob Yashika Krishan of a sum of money, the property of the Commonwealth Bank of Australia whilst armed with an offensive weapon, namely a sledge hammer - imprisonment for a non parole period of 4 years and 6 months commencing on 2 August 2005 together with a balance of term of 1 year and 6 months.
2 The effective sentence was thus of imprisonment for a non parole period of 9 years and 6 months commencing on 2 August 2005 and concluding on 2 February 2015 together with a balance of term of 3 years and 6 months.
4 Taken into account in connection with the sentence imposed on the first count were four offences on a Form 1, namely:-3 The offences arose pursuant to s97(1) of the Crimes Act and each rendered the Applicant liable to imprisonment for 20 years.
(i) On 13 May 2003 being carried in a conveyance without the consent of the owner.
(ii) On 27 May 2003 being armed (with a sledge hammer) with intent to commit an indictable offence, namely the armed robbery of the Westpac Bank at Leichhardt.
(iii) On 27 May 2003 being carried in a conveyance without the consent of the owner.
(iv) On 12 June 2003 aggravated (being armed with a weapon) assault with intent to take or drive a motor vehicle.
5 The circumstances of the first offence were that the Applicant and three co-offenders drove to the Commonwealth Bank at Hurstville. One offender remained in the…
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- AGLC
- Anaki v The Queen [2006] NSWCCA 414
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- [2006] NSWCCA 414
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