GRAHAM v R [2008] NSWCCA 309

New South Wales Court of Criminal Appeal

CITATION: GRAHAM v R [2008] NSWCCA 309

HEARING DATE(S): 4 December 2008

JUDGMENT DATE: 4 December 2008

JUDGMENT OF: Hodgson JA at 38,40; James J at 1; Price J at 39

EX TEMPORE JUDGMENT DATE: 4 December 2008

Leave to appeal should be granted, the appeal against sentence should be allowed generally, the sentences imposed by the sentencing judge should be quashed and in lieu thereof the following sentences should be imposed:- For offence 1, a sentence of a fixed term of imprisonment of 6 years commencing on the 6 January 2006 and expiring on the 5 January 2012. For offence 2, a sentence of a fixed term of imprisonment of 3 years 7 months commencing on the 6 January 2006 and expiring on the 5 August 2009. For offence 3, a sentence of a fixed term of imprisonment of 3 years 9 months commencing on the 5 April 2012 and expiring on the 5 January 2016. Offence 4 a sentence of imprisonment of 2 years 2 months commencing on 6 January 2016 and expiring on the 5 March 2018. DECISION: For offence 7, a sentence of fixed term of imprisonment of 5 years commencing on 6 January 2011 and expiring on the 5 January 2016. For offence 8, a sentence of a fixed term of imprisonment of 3 years commencing on 6 January 2013 and expiring on the 5 January 2016. For offence 9 a sentence of a fixed term of imprisonment of 1 year commencing on 6 January 2015 and expiring on 5 January 2016. For each of the offences 5 and 6 a sentence consisting of a non-parole period of 5 years commencing on the 6 January 2016 and expiring on the 5 January 2021, and a balance of the term of 5 years commencing on the 6 January 2021 and expiring on the 5 January 2026, that is to say a head sentence of 10 years. The earliest date on which the applicant would be eligible for release on parole would be the 5 January 2021.