Skondin v R [2006] NSWCCA 59

New South Wales Court of Criminal Appeal

CITATION: Skondin v R [2006] NSWCCA 59

HEARING DATE(S): 6 March 2006

JUDGMENT DATE: 16 March 2006

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Adams J at 21

DECISION: (i) leave to appeal granted; (ii) appeal allowed, to the extent only that the sentence imposed commence on 17 October 2002, the non-parole period to expire on 16 October 2005, and the total sentence to expire on 16 October 2008.

CATCHWORDS: application for leave to appeal against sentence - armed robbery - plea of guilty - malicious wounding - conviction following trial by jury - sentence in respect of armed robbery partially cumulative upon sentence in respect of malicious wounding - conviction in respect of malicious wounding charge quashed by Court of Criminal Appeal - verdict of not guilty in respect of charge of malicious wounding entered - sentence in respect of charge of malicious wounding quashed - adjustment of commencement date of sentence imposed in respect of armed robbery - armed robbery committed whilst subject to parole order an aggravating feature - parole never revoked - revocation of parole function of Parole Board - custody referable only to armed robbery and malicious wounding charges - principle of totality - sentencing discretion of first instance judge

LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 s59

CASES CITED: Callaghan v R [2006] NSWCCA 58

PARTIES: Mark Shane Skondin - Applicant Crown - Respondent

FILE NUMBER(S): CCA 2006/340

COUNSEL: M Ramage QC - Applicant DC Frearson SC - Respondent

SOLICITORS: Jeffreys & Associates - Applicant S Kavanagh - Respondent