NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v FARMER [2008] NSWSC 581
HEARING DATE(S) : 2, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16, 17, 21, 22, 23, 24, 29, 30 April 2008, 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 22 May 2008
JUDGMENT DATE : 13 June 2008
JURISDICTION : Criminal Division
JUDGMENT OF : Hall J at 1
DECISION : In respect of Count 1 (s.86(1)(b), Crimes Act 1900): a non-parole period of 5 years and 6 months to commence on 1 August 2006 and to expire on 31 January 2012 with a balance of the term of the sentence of 1 year and 9 months to expire on 31 October 2013. In respect of Count 3 (s.198, Crimes Act 1900): a non-parole period of 12 years to commence on 1 August 2009 and to expire on 31 July 2021 with a balance of the term of the sentence of 4 years to expire on 31 July 2025. In respect of Count 2 (s.27, Crimes Act 1900): a non-parole period of 14 years to commence on 1 August 2012 and to expire on 31 July 2026 with a balance of the term of the sentence of 4 years and 6 months to expire on 31 January 2031. Accordingly, the effective total non-parole period intended and imposed in respect of counts 1, 2 and 3 is a period of 20 years commencing 1 August 2006 and expiring 31 July 2026 with an aggregate or effective total head sentence of 24 years and 6 months commencing 1 August 2006 and expiring 31 January 2031. The earliest date upon which the offender will become eligible to be released on parole, accordingly, will be 31 July 2026.
CATCHWORDS : CRIMINAL LAW – Sentencing – Kidnapping – Attempted Murder – Damaging Property with Intent to Endanger Life – Whether Offence within Worst Category – Non-Parole Period – Objective Seriousness of the Offence – Aggravating Factors – Accumulation and Totality of Sentences
LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
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