New South Wales Court of Criminal Appeal CITATION : R v Pearson [2004] NSWCCA 151 HEARING DATE(S) : 29 March 2004 JUDGMENT DATE : 13 May 2004 JUDGMENT OF : Sperling J at 1; Kirby J at 1; Bell J at 1 DECISION : Orders of the Court made on 7 May 2004 varied by substituting the following for order (3): (3) Sentence quashed and in lieu thereof the applicant be re-sentenced as follows: (a) In relation to Count 1, taking into account the offences on Form 1, a term of imprisonment for five years commencing on 18 November 2002, with a non-parole period of three years commencing on 18 November 2002 and expiring on 17 November 2005, that being the earliest date on which the applicant will be eligible for release on parole; (b) In relation to each of Counts 2 and 3, a term of imprisonment for three years commencing on 18 November 2002 with a non-parole period commencing on 18 November 2002 and expiring on 17 November 2004. CATCHWORDS : No question of principle CASES CITED : R v Pearson [2004] NSWCCA 129 PARTIES : Regina David Wayne Pearson FILE NUMBER(S) : CCA 60450/03 COUNSEL : Mr P G Ingram with Mr M Seymour for the Crown Ms R Burgess for the Applicant SOLICITORS : Director of Public Prosecutions Legal Aid Commission of NSW for the Applicant LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3393 FILE NUMBER(S) : LOWER COURT Sides DCJ JUDICIAL OFFICER : - 1 - IN THE COURT OF CRIMINAL APPEAL 60450/03 Sperling J Kirby J Bell J Thursday, 13 May 2004 Regina v David Wayne Pearson Judgment 1 The Court: The orders made on 7 May 2004 (R v Pearson [2004] NSWCCA 129) failed to recognise that the appeal was against three concurrent sentences rather than against one sentence. 2 The orders of the Court made on 7 May 2004 should be varied by substituting the following for order (3): (3) Sentence quashed and in lieu thereof the applicant be re-sentenced as follows: (a) In relation to Count 1, taking into account the offences on Form 1, a term of imprisonment for five years commencing on 18 November 2002, with a non-parole period of three years commencing on 18 November 2002 and expiring on 17 November 2005, that being the earliest date on which the applicant will be eligible for release on parole; (b) In relation to each of Counts 2 and 3, a term of imprisonment for three years commencing on 18 November 2002 with a non-parole period commencing on 18 November 2002 and expiring on 17 November 2004. -oOo- Last Modified: 05/14/2004 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.