DB v Regina; DNN v Regina [2007] NSWCCA 27

Reported Decision: 167 A Crim R 393

New South Wales Court of Criminal Appeal

CITATION: DB v Regina; DNN v Regina [2007] NSWCCA 27

HEARING DATE(S): 28 June 2006

JUDGMENT DATE: 7 February 2007

JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 5; Latham J at 53

DECISION: APPLICANT DB - Leave to appeal granted; appeal allowed; sentences imposed below quashed; Count one : non parole period of 3 years to date from 5 April 2004, expiring 4 April 2007, with a balance of term of 3 years to date from 5 April 2007, expiring 4 April 2010; Count two : non parole period of 4 years to date from 5 April 2006, expiring 4 April 2010, with a balance of term of 4 years to date from 5 April 2010, expiring 4 April 2014 The offences on the Form One are taken into account in determining the sentence on this Count; Count three : non parole period of 2 years to date from 5 April 2008, expiring 4 April 2010, with a balance of term of 3 years to date from 5 April 2010, expiring 4 April 2013; The applicant is eligible for release to parole on 5 April 2010 ; APPLICANT DNN - Leave to appeal granted; appeal allowed; sentences imposed below quashed; Count one : taking into account the offences on the Form One, a non parole period of 6 years is imposed to date from 31 October 2003, expiring 30 October 2009, with a balance of term of 4 years, expiring 30 October 2013.; Count two : a non parole period of 3 years is imposed to date from 31 October 2005, expiring 30 October 2008, with a balance of term of 3 years, expiring 30 October 2011; Count three : a non parole period of 3 years is imposed to date from 31 October 2007, expiring 30 October 2010 with a balance of term of 2 years, expiring 30 October 2012; Count four : a non parole period of 3 years is imposed to date from 31 October 2008, expiring 30 October 2011, with a balance of term of 4 years expiring 30 October 2015; The applicant is eligible for release to parole on 31 October 2011.