FEATHERSTONE v R [2008] NSWCCA 71

Reported Decision: 183 A Crim R 540

New South Wales Court of Criminal Appeal

CITATION: FEATHERSTONE v R [2008] NSWCCA 71 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14/3/08

JUDGMENT DATE: 23 April 2008

JUDGMENT OF: Bell JA at 1; Adams J at 80; Latham J at 81

1. Grant leave to appeal; 2. Allow the appeal and quash the sentences imposed in the District Court. In lieu thereof the applicant is sentenced as follows: (i) Count 1 – a fixed term of 11 months' imprisonment to date from 4 September 2004 and to expire on 3 August 2005; (ii) Count 2 – a fixed term of nine months' imprisonment to date from 4 September 2004 and to expire on 3 June 2005; (iii) Count 3 – a non-parole period of 14 months to date from 4 August 2005, which will expire on 3 October 2006, with a balance of term of 14 months which will expire on 4 December 2007 – pursuant to s 50(1) of the Crimes (Sentencing Procedure) Act 1999 direct the release of the offender on parole at the end of the non-parole period; (iv) Count 4 – a fixed term of 14 months' imprisonment to date from 4 August 2005 and to expire on 3 October 2006; DECISION: (v) Count 5 – a non-parole period of 14 months to date from 4 March 2006, which will expire on 3 May 2007, with a balance of term of 14 months imprisonment to expire on 3 July 2008 – pursuant to s 50(1) of the Crimes (Sentencing Procedure) Act 1999 direct the release of the offender on parole at the end of the non-parole period; (vi) Count 6 – a fixed term of 14 months' imprisonment to date from 4 March 2006 and to expire on 3 May 2007; (vii) Count 11 – a non-parole period of 14 months to date from 4 May 2007, which will expire on 3 July 2008, with a balance of term of 14 months which will expire on 3 September 2009 – pursuant to s 50(1) of the Crimes (Sentencing Procedure) Act 1999 direct the release of the offender on parole at the end of the non-parole period; (viii) Count 12 – a fixed term of nine months' imprisonment to date from 4 July 2008 and to expire on 3 April 2009; (ix) Count 7 – a non-parole period of one year and 10 months to date from 4 April 2009 and to expire on 3 February 2011 with a balance of term of one year and 10 months expiring on 4 December 2012; (x) Count 8 - (taking into account the 12 offences on the Form 1) a non-parole period of two years and five months to date from 4 April 2009 and to expire on 3 September 2011 with a balance of term of five years and seven months which will expire on 3 April 2017; (xi) Count 9 – a non-parole period of one year and 10 months to date from 4 April 2009, which will expire on 3 February 2011, with a balance of term of one year and 10 months to expire on 4 December 2012; (xii) Count 10 – a non-parole period of two years to date from 4 April 2009 and to expire on 3 April 2011 with a balance of term of two years to expire on 3 April 2013.