R v Burton [2008] NSWCCA 128

New South Wales Court of Criminal Appeal

CITATION: R v Burton [2008] NSWCCA 128

HEARING DATE(S): 29 April 2008

JUDGMENT DATE: 20 June 2008

JUDGMENT OF: Campbell JA at 1; Grove J at 2; Johnson J at 3

(1) Crown appeal allowed with respect to sentences imposed in the Wollongong District Court on 13 December 2007. (2) Sentences imposed in the District Court quashed and, in lieu thereof, the Respondent is sentenced as follows: (a) Count 1 - imprisonment for a fixed term of six months to date from 18 April 2007 and expire on 17 October 2007; (b) Count 2 - imprisonment for a fixed term of nine months to date from 18 October 2007 and expire on 17 July 2008; DECISION: (c) Count 3 - imprisonment for a fixed term of nine months to date from 18 January 2008 and expire on 17 October 2008; (d) Count 4 - imprisonment for a fixed term of 18 months to date from 18 January 2008 and expire on 17 July 2009; (e) Count 5 - imprisonment by way of a non-parole period of two years and six months to commence on 18 October 2007 and to expire on 17 April 2010 with a balance of term of one year and six months to commence on 18 April 2010 and to expire on 17 October 2011; (f) Count 6 - imprisonment by way of a non-parole period of two years to commence on 18 December 2007 and to expire on 17 December 2009 with a balance of term of one year to commence on 18 December 2009 and to expire on 17 December 2010; (g) Count 7 - imprisonment for a fixed term of 14 months to date from 18 August 2008 and expire on 17 October 2009. (3) The earliest date upon which the Respondent will be eligible for release on parole is 17 April 2010.