Regina v Hamze

Case •

[2004] NSWCCA 475

•

2 March 2005

No judgment structure available for this case.
CITATION: Regina v Hamze [2004] NSWCCA 475
HEARING DATE(S): 25 October 2004
JUDGMENT DATE:
2 March 2005
JUDGMENT OF: Wood CJ at CL; McClellan AJA; Smart AJ
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.

PARTIES :

 The Crown
Iash Hamze (Resp)
FILE NUMBER(S): CCA 60278/04; 2004/1815
COUNSEL: E Wilkins (Crown)
A Francis (Resp)
SOLICITORS: S Kavanagh (Crown)
S O'Connor (Resp)
LOWER COURTJURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3378
LOWER COURT
JUDICIAL OFFICER : 		Sides DCJ

                          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.
      **********

Last Modified: 07/18/2007

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0