R v PGM [2008] NSWCCA 172

Appeal Outcome: Special leave application dismissed by the High Court (s414/2008) 12 March 2009 [2009] HCASL 62

New South Wales Court of Criminal Appeal

CITATION: R v PGM [2008] NSWCCA 172

HEARING DATE(S): 8 July 2008

JUDGMENT DATE: 13 August 2008

JUDGMENT OF: Spigelman CJ at 1; Barr J at 2; Fullerton J at 3

1. The appeal against sentence is allowed. 2. The sentences imposed in the District Court are quashed. 3. In lieu thereof the following sentences be imposed: Count 1: a non-parole period of 6 years to date from 26 January 2006 and expiring on 25 January 2012 with a balance of term of 3 years expiring on 25 January 2015. DECISION: Count 2: a non-parole period of 6 years to date from 26 January 2006 and expiring on 25 January 2012 with a balance of term of 3 years expiring on 25 January 2015. Count 3: a non-parole period of 4 years to date from 26 January 2006 and expiring on 25 January 2010 with a balance of term of 2 years expiring on 25 January 2012. Count 4: a non-parole period of 4 years to date from 26 January 2006 and expiring on 25 January 2010 with a balance of term of 2 years expiring on 25 January 2012. Count 5: a non-parole period of 6 years to date from 26 January 2006 and expiring on 25 January 2012 with a balance of term of 3 years expiring on 25 January 2015. Count 7: a non-parole period of 4 years and 8 months to date from 26 November 2008 and expiring on 25 July 2013 with a balance of term of 2 years expiring on 25 July 2015. In the result, the effective non-parole period is 7 years and 6 months and the earliest date that the respondent is entitled to be considered for release to parole is 25 July 2013.