R v Flentjar [2008] NSWSC 771

New South Wales Supreme Court

CITATION : R v Flentjar [2008] NSWSC 771

HEARING DATE(S) : 25/06/2008, 26/06/2008

JUDGMENT DATE : 26 July 2008

JUDGMENT OF : Buddin J

For the offence of detaining Gregory Hosa in circumstances constituting the specially aggravated form of kidnapping the offender is sentenced to a total term of imprisonment of 8 years 6 months consisting of a non-parole period of 5 years 6 months with the balance of the term being 3 years. Each term will commence on 26 April 2006. The total term will expire on 25 October 2014 and the non-parole period will expire on 25 October 2011. DECISION : For the offence of detaining Kathryn McKay in circumstances constituting the specially aggravated form of kidnapping the offender is sentenced to a total term of imprisonment of 8 years 6 months consisting of a non-parole period of 5 years 6 months with the balance of the term being 3 years. Each term will commence on 26 October 2007. The total term will expire on 25 April 2016 and the non-parole period will expire on 25 April 2013 on which date the offender will be eligible for release on parole. The total effective sentence is thus one of 10 years imprisonment with a total effective non-parole period of 7 years.

CATCHWORDS : Specially aggravated form of kidnapping - two victims - accumulation - pleas of guilty - assistance to authorities - parity

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

CATEGORY : Principal judgment

R v Collett (unreported, 7 June 1979, NSWCCA) R v Falls [2004] NSWCCA 335 R v Markarian (2005) 228 CLR 357 CASES CITED : R v Newell [2004] NSWCCA 183 R v Simpson (2001) 53 NSWLR 704 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Turner [2004] NSWCCA 340