R v Nykolyn [1999] NSWCCA 39

New South Wales Court of Criminal Appeal CITATION : R v Nykolyn [1999] NSWCCA 39 revised - 18/03/99 FILE NUMBER(S) : CCA 60574/98 HEARING DATE(S) : 9 March 1999 JUDGMENT DATE : 9 March 1999

PARTIES : Danny Anthony Nykolyn v Regina JUDGMENT OF : Meagher JA at 1; Dunford J at 1; Grove J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 87/01/0868; 89/11/1543 LOWER COURT JUDICIAL OFFICER : Levine DCJ

COUNSEL : Appellant: D A Whetmore, Crown: L M B Lamprati SOLICITORS : Appellant: Jankowski, Crown: S E O'Connor CATCHWORDS : sentencing, special circumstances, danger of prisoner becoming "institutionalised". DECISION : Appeal allowed.

- 1 - IN THE COURT OF CRIMINAL APPEAL

CCA: 60574/98

CORAM: MEAGHER JA DUNFORD J GROVE J

9 March 1999

Danny Anthony NYKOLYN v REGINA

JUDGMENT

1 MEAGHER JA: In this matter in the court's opinion we should grant an extension of time, permit the appeal to be brought and quash the sentences in matters 5, 6, 7 and 9, so instead of 8 years commencing on 1 March 1993 and expiring on 28 February 2001, there be substituted there for a minimum term of 7 years commencing 1 March 1993 and expiring on 29 February 2000 and an additional term of 3 years expiring on 28 February 2003. The appellant will be eligible for parole on 1 March 2000.

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