REGINA v. KENDALL [2002] NSWCCA 79

New South Wales Court of Criminal Appeal

CITATION : REGINA v. KENDALL [2002] NSWCCA 79 FILE NUMBER(S) : CCA No. 60026 of 2002 HEARING DATE(S) : Tuesday 19 March 2002 JUDGMENT DATE : 19 March 2002

PARTIES : REGINA v. KENDALL, Jojo JUDGMENT OF : Greg James J at 1; Buddin J at 18

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/3160 LOWER COURT JUDICIAL Sides, DCJ. OFFICER :

COUNSEL : Crown: L.M.B. Lamprati App: C.B. Craigie, SC. SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys CATCHWORDS : Criminal law - appeal - parity or relativity between co-offender - notice of abandonment to be set aside in light of decision of CCA in co-offender's appeal - conceded basis for re-sentencing. LEGISLATION CITED : Crimes (Sentencing Procedure) Act CASES CITED: Pearce (1998) 194 CLR 610 DECISION : Set aside the Notice of Abandonment; grant extension of time to appeal; grant leave to appeal; uphold the appeal; set aside the sentences below and in lieu thereof sentence the applicant as follows - on each of counts one to nine, to sentences of four years imprisonment each by way of fixed term, those sentences being concurrent and to date from 29.10.99 and to expire on 28.10.03. On count 10, being the count on which the matters in the Form 1 are to be taken into account, the applicant should be sentenced to a term of imprisonment cumulatively on the sentences imposed on counts one to nine, of four years and nine months to commence 29.10.03 with a non-parole period of nine months to commence from 29.10.03, whereby the applicant would become eligible for release on parole on 28.7.04.