Bolin v R [2020] NSWCCA 332

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bolin v R [2020] NSWCCA 332 Hearing dates: 4 December 2020 Date of orders: 4 December 2020 Decision date: 10 December 2020 Before: Basten JA at [1]; Johnson J at [25]; Davies J at [26] Decision: (1) Leave to appeal granted. (2) Allow the appeal. (3) Quash the aggregate sentence imposed by Judge Colefax SC in the District Court on 8 November 2019. (4) Resentence the applicant to a non-parole period of two years' imprisonment commencing 2 February 2019 and expiring 1 February 2021 with a balance of term of 15 months' imprisonment expiring 1 May 2022. The applicant is first eligible for release on 1 February 2021. Catchwords: SENTENCING – aggregate sentence – intended concurrency with prior sentence – error in fixing commencement – aggregate sentence to be partly accumulated on earlier sentence – sentence to commence 1 month after the expiry of the non-parole period imposed for the earlier offending SENTENCING – aggregate sentence – manifest excess – degree of concurrency of indicative sentences – one course of offending conduct –offence of intimidation subject to lower indicative sentence than the less serious offence of aggravated entry Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 13, 14 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Crimes Act 1900 (NSW), s 111 Category: Principal judgment Parties: Wade Bolin (Applicant) Regina (Respondent) Representation: Counsel: Mr A Evers (Applicant) Mr D Beaufils (Respondent)