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. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.