SGJ v R; KU v R [2008] NSWCCA 258

New South Wales Court of Criminal Appeal

CITATION: SGJ v R; KU v R [2008] NSWCCA 258

HEARING DATE(S): 10/10/08

JUDGMENT DATE: 11 November 2008

JUDGMENT OF: Hodgson JA at 1; Kirby J at 2; Hislop J at 119

In respect of the appeal by SGJ: (1) Leave to appeal granted. (2) The appeal in respect of Count 4 of the 2nd indictment dismissed and the sentence confirmed. (3) The appeal allowed in respect of the remaining counts on the 1st and 2nd indictments and the sentences quashed. (4) In lieu thereof, SGJ sentenced as follows: 1st Indictment Count 1: A NPP of 9 years commencing on 8 October 2005 and ending on 7 October 2014; with an additional term of 3 years expiring on 7 October 2017. Count 2: A NPP of 10 years commencing on 8 October 2006 and ending on 7 October 2016; with an additional term of 4 years expiring on 7 October 2020. Count 3: A NPP of 10 years commencing on 8 October 2006 and ending on 7 October 2016; with an additional term of 4 years expiring on 7 October 2020. Count 4: A fixed term of imprisonment of 2 years commencing on 8 October 2006 and ending on 7 October 2008. Count 5: A fixed term of imprisonment of 5 years commencing on 8 October 2006 and ending on 7 October 2011. Count 6: A NPP of 3 years commencing on 8 October 2006 and ending on 7 October 2009; with an additional term of 1 year expiring on 7 October 2010. 2nd Indictment Count 1: A NPP of 3 years commencing on 8 October 2007 and ending on 7 October 2010; with an additional term of 1 year expiring on 7 October 2011. Count 2: A fixed term of imprisonment of 2 years commencing on 8 October 2007 and ending on 7 October 2009. Count 3: A fixed term of imprisonment of 6 years commencing on 8 October 2009 and ending on 7 October 2015. Count 4: Taking account of the matters on the Form 1, a NPP of 11 years commencing on 8 October 2009 and ending on 7 October 2020; with an additional term of 7 years expiring on 7 October 2027. Count 5: A fixed term of imprisonment of 3 years commencing on 8 October 2008 and ending on 7 October 2011. Count 6: A NPP of 9 years commencing on 8 October 2008 and ending on 7 October 2017; with an additional term of 3 years expiring on 7 October 2020. Count 7: A NPP of 9 years commencing on 8 October 2008 and ending on 7 October 2017; with an additional term of 3 years expiring on 7 October 2020. Count 8: A fixed term of imprisonment of 2 years commencing on 8 October 2008 and ending on 7 October 2010. DECISION: Count 9: A NPP of 9 years commencing on 8 October 2008 and ending on 7 October 2017; with an additional term of 3 years expiring on 7 October 2020. In respect of the appeal by KU: (1) Leave to appeal be granted. (2) The appeal be allowed. (3) The sentences in respect of KU quashed. (4) In lieu thereof, KU is sentenced as follows: 1st Indictment Count 1: A NPP of 9 years commencing on 8 October 2005 and ending on 7 October 2014; with an additional term of 3 years expiring on 7 October 2017. Count 2: A NPP of 9 years commencing on 8 October 2005 and ending on 7 October 2014; with an additional term of 3 years expiring on 7 October 2017. Count 3: A NPP of 9 years commencing on 8 October 2005 and ending on 7 October 2014; with an additional term of 3 years expiring on 7 October 2017. Count 4: A fixed term of imprisonment of 2 years commencing on 8 October 2005 and ending on 7 October 2007. Count 5: A fixed term of imprisonment of 5 years commencing on 8 October 2005 and ending on 7 October 2010. 2nd Indictment Count 1: A NPP of 3 years commencing on 8 October 2006 and ending on 7 October 2009; with an additional term of 1 year expiring on 7 October 2010. Count 2: A fixed term of imprisonment of 2 years commencing on 8 October 2006 and ending on 7 October 2008. Count 3: A fixed term of imprisonment of 6 years commencing on 8 October 2007 and ending on 7 October 2013. Count 4: Taking account of the matters on the Form 1, a NPP of 11 years commencing on 8 October 2007 and ending on 7 October 2018; with an additional term of 7 years expiring on 7 October 2025. Count 5: A fixed term of imprisonment of 3 years commencing on 8 October 2006 and ending on 7 October 2009. Count 6: A NPP of 9 years commencing on 8 October 2006 and ending on 7 October 2015; with an additional term of 3 years expiring on 7 October 2018. Count 7: A NPP of 9 years commencing on 8 October 2006 and ending on 7 October 2015; with an additional term of 3 years expiring on 7 October 2018. Count 8: A fixed term of imprisonment of 2 years commencing on 8 October 2006 and ending on 7 October 2008. Count 9: A NPP of 9 years commencing on 8 October 2006 and ending on 7 October 2015; with an additional term of 3 years expiring on 7 October 2018.