CITATION: REGINA v MARINELLIS [2001] NSWCCA 328 FILE NUMBER(S): CCA 60805/00 HEARING DATE(S): 6 July 2001 JUDGMENT DATE:
6 July 2001PARTIES :
The Crown
Nikolaos Marinellis (Appl)JUDGMENT OF: Studdert J at 47; McClellan J at 1
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 98/11/0420 LOWER COURT JUDICIAL
OFFICER :Bell DCJ
COUNSEL : D M Woodburne (Crown)
P J D Hamill (Appl)SOLICITORS: S E O'Connor (Crown)
D J Humphreys (Appl)CATCHWORDS: SENTENCING - appeal against sentence - s 319 Crimes Act 1900 doing an act with the intent to pervert the course of justice - case where a custodal sentence was required LEGISLATION CITED: Crimes Act 1900, s 319 CASES CITED: Kellow and Townsend [1980] 4 Crim LJ 55
R v Nomchong, NSWCCA, unreported, 10 April 1987
R v Irwin [1999] NSWCCA 361
R v Hani Taouk (1993) 65 A Crim R 387
R v Jordan, NSWCCA, unreported, 3 November 1997
R v Purtell [2001] NSWCCA 21
R v Meissner, NSWCCA, unreported, 27 November 1992
R v Chapman NSWCCA, unreported, 21 May 1998
R v Bayeh [1999] NSWCCA 82
R v Karageorge [1999] NSWCCA 17
R v Lilley [2000] NSWCCA 57
R v Zreika [2000] NSWCCA 75DECISION: See para 46
IN THE COURT OF
CRIMINAL APPEAL
No 60805/00
- STUDDERT J
McCLELLAN J
- FRIDAY, 6 JULY 2001
1 McCLELLAN J: The applicant seeks leave to appeal against sentences imposed on him by his Honour Bell DCJ on 24 November 2000. The sentences were imposed in relation to two charges of doing an act with the intent to pervert the course of justice contrary to s 319 of the Crimes Act 1900. The offence carries a significant maximum penalty of fourteen years imprisonment. Bell DCJ imposed concurrent terms of twenty months imprisonment with a non parole period of twelve months in relation to each offence. It is submitted that these sentences are manifestly excessive.
2 On 20 December 1996, the applicant was charged with sexual assault alleged to have occurred on 16 and 17 June 1994.
3 The applicant had moved from Australia to New Zealand in August 1994, and on his return in December 1996, the Australian Customs authorities informed the New South Wales police. For this reason, it was not until 20 December 1996, that the applicant was charged with the sexual assault matters, and was granted conditional bail.
4 On 27 April 1997 the applicant saw an acquaintance, Ms Carmen Lyons, as she was walking along Canterbury Road, Belmore. He gave Ms Lyons a lift in his van and told her, amongst other matters, that he had been accused of raping a thirteen year old girl who had been dressed up by her mother to look sixteen. Late in May 1997, the applicant went to Ms Lyons' unit and said to her:
- "Can you get Russell and yourself and another friend or two, the more the merrier, to say that I was with you the night that…
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- AGLC
- Regina v Marinellis [2001] NSWCCA 328
- Case
- [2001] NSWCCA 328
- Decision Date
CaseChat Overview and Summary
The court examined the trial judge's reasoning and whether it was appropriate to impose a custodial sentence. The court noted that the offence of perverting the course of justice was serious and warranted a custodial sentence. The court found that the trial judge had properly considered the relevant sentencing principles and had exercised its discretion appropriately in imposing the sentence. The court held that the sentence was neither excessive nor manifestly inadequate and dismissed the appeal. The trial judge's sentencing decision was upheld, and Marinellis' appeal was accordingly dismissed.
The court's decision was based on the fact that the trial judge had considered the relevant factors and had exercised its discretion appropriately. The court held that the sentence was proportionate to the seriousness of the offence and was consistent with the sentencing principles set out in the Crimes Act 1900. The court noted that the offence of perverting the course of justice was a serious one and warranted a custodial sentence. The court also held that the sentence was not manifestly inadequate and that there were no grounds for interfering with the trial judge's decision. The appeal was therefore dismissed, and the sentence imposed by the trial court was upheld.
Orders
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Background
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Decision
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