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HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ



Matter No S233/2008

RAFAEL CESAN
APPELLANT

AND

THE QUEEN
RESPONDENT

Matter No S236/2008

RUBEN MAS RIVADAVIA
APPELLANT

AND

THE QUEEN
RESPONDENT

Cesan v The Queen
Mas Rivadavia v The Queen
[2008] HCA 52
Date of Order: 3 September 2008
Date of publication of reasons: 6 November 2008
S233/2008 & S236/2008

ORDER

Matter No S233/2008

1. The appeal be allowed.

2. The orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 5 September 2007 dismissing the appellant's appeals against conviction and sentence be set aside and, in their place, there be orders: