Fieldsend v R [2008] NSWCCA 202

New South Wales Court of Criminal Appeal

CITATION: Fieldsend v R [2008] NSWCCA 202

HEARING DATE(S): 13/08/08

JUDGMENT DATE: 26 September 2008

JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Price J at 42

1. Grant leave to appeal and allow the appeal. 2. Quash the sentences imposed for the four offences in the indictments. 3. In lieu of the sentence imposed for the first offence in the second indictment, sentence the applicant to imprisonment for a fixed term of three years nine months, which will be taken to have commenced on 20 December 2006 and which will expire on 19 September 2010. DECISION: 4. In lieu of the sentence imposed for the second offence in the second indictment, sentence the applicant to imprisonment for a fixed term of three years and nine months, which will be taken to have commenced on 20 December 2007 and which will expire on 19 September 2011. 5. In lieu of the sentence imposed for the first offence in the first indictment sentence the applicant to imprisonment. Fix a non-parole period of four years, which will commence on 20 December 2009 and expire on 19 December 2013. Fix a balance of term during which the applicant will be entitled to consideration for release on parole of six months, which will commence on 20 December 2013 and expire on 19 June 2014. 6. In lieu of the sentence imposed for the second offence in the first indictment sentence the applicant to imprisonment. Fix a non-parole period of two years and three months which will commence on 20 September 2011 and expire on 19 December 2013. The balance of term, during which the applicant will be entitled to consideration for release on parole will commence on 20 December 2013 and expire on 19 December 2016. 7. Declare that the first day upon which the applicant will be eligible to be considered for release on parole will be 19 December 2013.