Makarov v R (No. 4) [2008] NSWCCA 341

New South Wales Court of Criminal Appeal

CITATION: Makarov v R (No. 4) [2008] NSWCCA 341

HEARING DATE(S): 19 December 2008

JUDGMENT DATE: 19 December 2008

JUDGMENT OF: Bell JA at 1, 16, 18; Johnson J at 2; McCallum J at 17

EX TEMPORE JUDGMENT DATE: 19 December 2008

1. The date of commencement of sentences imposed upon the Appellant on 11 November 2005 for offences committed against A will be varied to provide as follows: (a) with respect to Counts 1, 2 and 4, the sentence of imprisonment for three years is to date from 10 December 2010 and to expire on 9 December 2013; DECISION: (b) as to Counts 5 and 6, the sentence of imprisonment for four years is to date from 10 December 2010 and to expire on 9 December 2014; (c) as to Counts 3 and 7, the non-parole period of four years is to commence on 10 December 2010 and to expire on 9 December 2014 with a balance of term of two years to commence on 10 December 2014 and to expire on 9 December 2016; (d) as to Count 8, the non-parole period of four years is to commence on 10 December 2010 and to expire on 9 December 2014 with a balance of term of four years to commence on 10 December 2014 and to expire on 9 December 2018. 2. Upon the basis of these varied commencement dates, the earliest date upon which the Appellant will be eligible for release on parole is 9 December 2014.

CATCHWORDS: CRIMINAL LAW - successful and unsuccessful appeals against conviction - certain sentences quashed - variation of commencement dates of remaining sentences under s.59 Crimes (Sentencing Procedure) Act 1999

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Legislation Amendment Act 2003 Criminal Appeal Act 1912