NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Canan EKEN v R [2007] NSWCCA 320
HEARING DATE(S): 30 October 2007
JUDGMENT DATE: 13 December 2007
JUDGMENT OF: Handley AJA at 1; Hidden J at 2; Hoeben J at 70
DECISION: Leave to appeal granted, appeal allowed, sentences passed in the District Court quashed. Applicant re-sentenced as follows; On the first count, imprisonment for a fixed term of 2 ½ years, commencing on 30 July 2004 and expiring on 29 January 2007; On the third count, a fixed term of imprisonment for 9 months, commencing on 30 October 2004 and expiring on 29 July 2005; On the fourth count, imprisonment for 8 years, comprising a non-parole period of 5 ½ years, commencing on 30 October 2004 and expiring on 29 April 2010, and a balance of term of 2 ½ years, commencing on 30 April 2010 and expiring on 29 October 2012; On the fifth count, imprisonment for a fixed term of 2 ½ years, commencing on 30 April 2005 and expiring on 29 October 2007 ; On the sixth count, imprisonment for 9 years, comprising a non-parole period of 6 years, commencing on 30 April 2005 and expiring on 29 April 2011, and a balance of term of 3 years, commencing on 30 April 2011 and expiring on 29 April 2014; On the second count, imprisonment for 13 years, comprising a non-parole period of 9 years, commencing on 30 October 2005 and expiring on 29 October 2014, and a balance of term of 4 years, commencing on 30 October 2014 and expiring on 29 October 2018; Aggregate sentence, imprisonment for 14 years and 3 months with an effective non-parole period of 10 years and 3 months. Applicant eligible for release on parole on 29 October 2014.
CATCHWORDS: CRIMINAL LAW: application for leave to appeal against sentence - offences of aggravated sexual assault, assault occasioning actual bodily harm and common assault - pleas of guilty - whether applicant affected by mental illness at the relevant time - hardship to applicant's disabled brother and other family members - whether sentences manifestly excessive
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