R v Katon [2008] NSWCCA 228

New South Wales Court of Criminal Appeal

CITATION: R v Katon [2008] NSWCCA 228 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 August 2008

JUDGMENT DATE: 2 October 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 47; Hoeben J at 48

1.Appeal upheld. 2.Quash the sentences imposed on 4 April 2008 in the District Court and impose the following sentences: Count 1: Imprisonment for a fixed term of 1 year commencing 2 March 2007 and expiring 1 March 2008. Count 2: Imprisonment for a fixed term of 2 years commencing 2 March 2007 and expiring 1 March 2009. Count 3: Imprisonment with a non-parole period of 2 years commencing 2 June 2007 and expiring on 1 June 2009 with a balance of term of 1 year, 4 months and 2 weeks expiring 15 October 2010. DECISION: Count 4: Imprisonment with a non-parole period of 18 months commencing 2 August 2008 and expiring 1 February 2010 with a balance of term of 9 months expiring on 1 November 2010. Count 5: Imprisonment with a non-parole period of 18 months commencing on 2 October 2008 and expiring 1 April 2010 with a balance of term of 9 months expiring on 1 January 2011. Count 6: Imprisonment for a fixed term of 1 year commencing on 2 July 2009 and expiring on 1 July 2010. Count 7: Imprisonment for a fixed term of 1 year commencing on 2 November 2009 and expiring on 1 November 2010. Count 8: Imprisonment for a fixed term of 18 months commencing on 2 January 2010 and expiring on 1 July 2011. Count 9: Taking into account Form 1 matters: imprisonment with a non-parole period of 2 years commencing 2 March 2010 and expiring on 1 March 2012 with a balance of term of 2 years expiring on 1 March 2014. The overall sentence will be a total non-parole period of five years commencing 2 March 2007 and expiring on 1 March 2012, with a balance of term of 2 years expiring on 1 March 2014.