BONEY v R [2008] NSWCCA 165

New South Wales Court of Criminal Appeal

CITATION: BONEY v R [2008] NSWCCA 165

HEARING DATE(S): 19 February 2008

JUDGMENT DATE: 19 August 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Mathews AJ at 125

(i) Appeal against conviction dismissed; (ii) Leave to appeal against sentence granted; (iii) Appeal against sentence, except in the case of the sentence imposed on counts 1 and 3 allowed; (iv) Appeal against the sentences imposed on counts 1 and 3 dismissed; (v) The sentences imposed on counts 2 and 4 to 11 quashed, and in lieu thereof, the Appellant sentenced as follows; (vi) On count 2, the Appellant be sentenced to imprisonment for a fixed term of 3 years, commencing on 22 July 2005 (vii) On count 4, the Appellant be sentenced to imprisonment for a fixed term of 3 years, commencing on 22 July 2005; DECISION: (viii) On count 5, the Appellant be sentenced to imprisonment for a fixed term of 4 years, commencing on 22 July 2005; (ix) On count 9, the Appellant be sentenced to imprisonment for a fixed term of 3 years, commencing on 22 July 2006; (x) On count 10, the Appellant be sentenced to imprisonment for a fixed term of 5 years, commencing on 22 July 2006; (xi) On count 11, the Appellant be sentenced to imprisonment for a fixed term of 4 years, commencing on 22 July 2006; (xii) On count 6, the Appellant be sentenced to imprisonment for a fixed term of 4 years, commencing on 22 July 2008; (xiii) On count 7, the Appellant be sentenced to imprisonment for a non-parole period of 6 years and a total term of 10 years, both such periods commencing on 22 July 2010; (xiv) On count 8, the Appellant be sentenced to imprisonment for a fixed term of 4 years, commencing on 22 July 2008; (xv) On each of the charges referred under s166 of the Criminal Procedure, the Appellant be sentenced to imprisonment for a fixed term of 1 year, commencing on 22 July 2016. (xvi) Record as the date upon which it appears to the Court that the Appellant shall be eligible for parole, 22 July 2017.