NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Regina v Dukino; Regina v Moshref [2003] NSWCCA 379
FILE NUMBER(S):
Dukino: 60357/03;
Moshref: 60311/03
HEARING DATE(S): 9 December 2003
JUDGMENT DATE: 12/12/2003
PARTIES:
Regina
Alan Dukino
Adrian Moshref
JUDGMENT OF: Barr J Newman AJ
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): Dukino: 02/21/0273;
Moshref: 02/21/0331
LOWER COURT JUDICIAL OFFICER: Nield J
COUNSEL:
Dukino:
Applicant - D Dalton
Respondent - P Miller
Moshref:
Applicant - M Buscombe
Respondent - P Miller
SOLICITORS:
Dukino:
Applicant - N Velcic
Respondent - V Boulous
Moshref:
Applicant - M Marx
Respondent - V Boulous
CATCHWORDS:
Criminal Law - appeal against severity of sentence - parity of sentence - totality - use of criminal record.
LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
DECISION:
Leave granted to appeal but appeals dismissed.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60311/03, 60357/03
Barr J
Newman AJ12 DECEMBER 2003
Regina v Adrian Moshref
Regina v Alan Dukino
Judgment
BARR J: I agree with the judgement of Newman AJ.
NEWMAN AJ: These are applications for leave to appeal brought by one Adrian Moshref and one Alan Dukino against sentences imposed upon them by His Honour Judge Nield in the District Court on the 4th of March 2003.
Both pleaded guilty to offences arising from the same set of circumstances, however the form of indictments presented against them were different.
In the case of Moshref he was charged with three counts of robbery in company. Two of those counts of robbery in company arose from events which occurred at Guildford Railway Station on the 22nd of February 2002 and the third count arose from events which occurred at the self same Railway Station on the 26th of February of the same year.
In the case of Dukino the indictment presented against him contained but one count. That count of robbery in company related to the events which occurred on the 26th of February 2002 at Guildford Railway Station which constituted the 3rd count in the indictment presented against Moshref. The events which had occurred at Guildford Railway Station on the 22nd of February 2002 constituted the crimes contained in a Form 1 accompanying the indictment brought against him.
In the event both men were sentenced to the self same terms of imprisonment. In the case of Moshref His Honour imposed in relation to the first two counts in the indictment a term of imprisonment for a fixed term of one year and nine months commencing on the 23rd of September 2002 and expiring on the 26th of June 2004. As to count 3 His Honour imposed a term of imprisonment for three years and three months commencing on the 23rd of June 2004 and expiring on the 22nd of September 2007 with a non-parole period of one year commencing on the 23rd of June 2004 and expiring on the 22nd of June 2005. In Moshref’s case this meant that His Honour in fact…
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- Case
- [2003] NSWCCA 379
- Decision Date
CaseChat Overview and Summary
The court examined the nature and circumstances of the offences, the roles played by each respondent, and the sentencing principles applicable under the Crimes Act. It considered whether the trial judge correctly balanced the aggravating and mitigating factors and whether the sentences were within the range of reasonable outcomes. The principle of parity was discussed, focusing on whether the sentences were commensurate with the roles and culpability of the respondents. The use of criminal history in sentencing was also a key consideration, with the court assessing whether it was appropriately weighed and whether it contributed to an unjust outcome.
The Court of Appeal found that the trial judge did not err in the application of sentencing principles. The court upheld the sentences, concluding that they were proportionate to the crimes and that the trial judge had appropriately considered the principles of parity and the totality principle. The court held that the sentences reflected the severity of the crimes and the respondents' roles, and that the criminal history was correctly considered. The appeal was dismissed, and the original sentences were affirmed.
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