R v Merrin (No. 2) [2007] NSWCCA 310

New South Wales Court of Criminal Appeal

CITATION: R v Merrin (No. 2) [2007] NSWCCA 310

HEARING DATE(S): 22/08/2007

JUDGMENT DATE: 5 November 2007

JUDGMENT OF: Giles JA at 1; Howie J at 1; Fullerton J at 1

DECISION: The sentences imposed by this Court on 28 August 2007 are revoked and in lieu the respondent is sentenced as follows: (1) Counts 2, 3 and 4: a non-parole period of 7 months with a balance of term of 4 months to date from 12 December 2005 with the non-parole period to expire on 11 July 2006 the date upon which the respondent is to be released to parole subject to the later sentences. (2) Counts 5 and 6: a non-parole period of 10 months with a balance of term of 6 months to date from 12 March 2006 with the non-parole period to expire on 11 January 2007 the date upon which the respondent is to be released to parole subject to the later sentences. (3) Count 1 (and Form 1 matters): a non-parole period of 14 months with a balance of term of 8 months to date from 12 July 2006 with the non-parole period to expire on 11 September 2007 the date upon which the respondent is to be released to parole subject to the later sentences. (4) Counts 8 and 9: a non-parole period of 15 months with a balance of term of 8 months to date from 12 September 2007 with the non-parole period to expire on 11 December 2008 the date upon which the respondent is to be released to parole subject ot the next sentence. (5) Count 7 (and Form 1 matters): a non-parole period of 18 months with a balance of term of 3 years to date from 12 June 2008 with the non-parole period to expire on 11 December 2009 the date upon which the respondent is eligible to be released to parole.

CATCHWORDS: Criminal Law - Sentence - Crown Appeal - Correction of sentence imposed to achieve the Court's intention.