Regina v Hamze

[2005] NSWCCA 475

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: Regina v Hamze [2004] NSWCCA 475

FILE NUMBER(S):
60278/04
2004/1815

HEARING DATE(S):           25 October 2004

JUDGMENT DATE:            02/03/2005

PARTIES:
The Crown
Iash Hamze (Resp)

JUDGMENT OF:      Wood CJ at CL McClellan AJA Smart AJ   

LOWER COURT JURISDICTION:           District Court

LOWER COURT FILE NUMBER(S):       03/21/3378

LOWER COURT JUDICIAL OFFICER:   Sides DCJ

COUNSEL:
E Wilkins (Crown)
A Francis (Resp)

SOLICITORS:
S Kavanagh (Crown)
S O'Connor (Resp)

CATCHWORDS:

LEGISLATION CITED:

DECISION:
Amended orders of the Court
1. Crown appeal allowed
2. Sentence below set aside
3. In lieu, sentence the respondent to imprisonment for three and a half years to commence 30 October 2005 and to expire on 29 April 2009
4. Set a non-parole period of one year and three months to date from 30 October 2005 to expire on 29 January 2007, which will be his earliest parole release eligiblity date.

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

2004/1815 CCAP
2004/60268

WOOD CJ AT CL
McCLELLAN AJA
SMART AJ

WEDNESDAY, 2 MARCH 2005

REGINA v  Iash HAMZE

Judgment

1. THE COURT:  In this matter the Court allowed the Crown appeal and the sentence below was set aside and a fresh sentence imposed. The respondent was sentenced by the Court to imprisonment for three and a half years to commence 30 October 2005 and a non-parole period of one year and three months to date from 30 October 2005 was provided. The orders of the Court provided for the sentence to expire on 30 April 2009 and the non-parole period to expire on 30 January 2007. However, it is apparent that a "slip" has occurred as the final date in each case is one day in excess of the date which would conform with the decision of the Court.

2. Accordingly, it is appropriate for the orders to be amended.

3. The amended orders of the Court are:

   1           Crown appeal allowed.

   2.          Sentence below set aside.

   3.In lieu, sentence the respondent to imprisonment for three and a half years to commence 30 October 2005 and to expire on 29 April 2009.

   4.Set a non-parole period of one year and three months to date from 30 October 2005 to expire on 29 January 2007, which will be his earliest parole release eligibility date.

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LAST UPDATED:           16/07/2007