NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v VAA [2006] NSWCCA 44
HEARING DATE(S): 15 February 2006
JUDGMENT DATE: 3 March 2006
JUDGMENT OF: James J at 1; Buddin J at 2; Hall J at 55
DECISION: 1 Crown appeal allowed (in part). 2 The sentence in respect of count 1 is confirmed. 3 The sentences imposed in respect of counts 2-4 are quashed so far as the commencement date of each sentence date is concerned. In lieu thereof the following commencement dates are imposed: (a) in respect of count 2, the respondent is sentenced to a non-parole period of 2 years to commence on 12 February 2006 and to expire on 11 February 2008, with a total term of imprisonment of 3 years to commence on 12 February 2006 and to expire on 11 February 2009. (b) in respect of count 3, the respondent is sentenced to a non-parole period of 2 years to commence on 12 August 2006 and to expire on 11 August 2008, with a total term of imprisonment of 3 years to commence on 12 August 2006 and to expire on 11 August 2009. (c) in respect of count 4, the respondent is sentenced to a non-parole period of 2 years to commence on 12 February 2007 and to expire on 11 February 2009, with a total term of imprisonment of 3 years to commence on 12 February 2007 and to expire on 11 February 2010. 4 The sentence in respect of count 5 is quashed. In lieu thereof (and taking into account the matters on the Form 1 document) the respondent is sentenced to a non-parole period of 3 years to commence on 12 August 2006 and to expire on 11 August 2009, with a total term of imprisonment of 5 years to commence on 12 August 2006 and to expire on 11 August 2011. The respondent will be eligible for release on parole on 11 August 2009.
CATCHWORDS: Crown Appeal - offences relating to malicious damage of property by fire - conspiracy to maliciously inflict grievous bodily harm with intent to do so - matters on a Form 1 document - early pleas of guilty and significant assistance to the authorities - whether error to impose wholly concurrent sentences - whether any of sentences manifestly inadequate
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