R v Morgan Joseph Lay [2006] NSWCCA 45

New South Wales Court of Criminal Appeal

CITATION: R v Morgan Joseph Lay [2006] NSWCCA 45 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 15 February 2006

JUDGMENT DATE: 6 March 2006

JUDGMENT OF: James J at 1; Buddin J at 2; Hall J at 41

DECISION: 1 Crown appeal allowed. 2 Sentences imposed in the District Court quashed. 3 In respect of count 10 on the second indictment and taking into account the 12 matters on the Form 1, the respondent is sentenced to a non-parole period of 2 years and six months to commence on 21 January 2004 and to expire on 20 July 2006. A total term of 3 years and six months to commence on 21 January 2004 and to expire on 20 July 2007 is fixed. In respect of counts 17 and 30 on the first indictment, the respondent is sentenced to a non-parole period of 18 months to commence on 21 April 2005 and to expire on 20 October 2006. A total term of 2 years and six months to commence on 21 April 2005 and to expire on 20 October 2007 is fixed. In respect of counts 1, 2 and 3 on the second indictment, the respondent is sentenced to a non-parole period of 18 months to commence on 21 July 2005 and to expire on 20 January 2007. A total sentence of 2 years and six months to commence on 21 July 2005 and to expire on 20 January 2008 is fixed. In respect of all other matters, being counts 8, 9, 10, 15, 16, 23, 24, 31 and 32 on the first indictment and counts 4, 5, 6, 7, 8 and 9 on the second indictment, the respondent is sentenced to a non-parole period of 18 months to commence on 21 January 2006 and to expire on 20 July 2007. A total term of 3 years and six months to commence on 21 January 2006 and to expire on 20 July 2009 is fixed. The total effective non-parole period is thus one of 3½ years and the total sentence is one of 5½ years. 4 The respondent is thus eligible for parole on 20 July 2007.