REGINA v Bevan John ARGENT [2004] NSWCCA 270

New South Wales Court of Criminal Appeal

CITATION : REGINA v Bevan John ARGENT [2004] NSWCCA 270 HEARING DATE(S) : 10/8/04 JUDGMENT DATE : 10 August 2004

JUDGMENT OF : James J at 1; Adams J at 42; Bell J at 2 DECISION : 1. Grant leave to appeal; 2. Allow the appeal and vary the sentences imposed in the District Court in the following respects; (i) Direct that the 12 months fixed term sentences imposed on counts 1, 2, 3 and 4 of the committal for sentence (the Group B offences) commence in each case on 26 October 2002 and expire on 25 October 2003; (ii) Confirm the sentences of four years and six months imposed in respect of counts 1, 2, 3, 4 and 5 in the indictment (the Group A offences) and direct that these sentences commence on 26 October 2003. Those sentences will expire on 25 October 2008. Vary the non-parole periods with respect to each of these sentences by the specification of a non-parole period of two years and six months. The non-parole period will commence in each case on 26 October 2003. The first date on which the application will be eligible for release on parole on 25 April 2006.

Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Criminal Appeal Act 1912 Criminal Procedure Act 1986 Summary Offences Act 1988 R v Howard [2001] NSWCCA 309 CASES CITED : R v LWP [2003] NSWCCA 215 R v Ponfield (1999) 48 NSWLR 327 PARTIES : Bevan John ARGENT (Applicant) REGINA FILE NUMBER(S) : CCA 60184/04 COUNSEL : H Dhanji (Applicant) GIO Rowling (Crown) SOLICITORS : S E O'Connor (Applicant) S Kavanagh