NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Okeke v R [2010] NSWCCA 266
HEARING DATE(S): 17 November 2010
JUDGMENT DATE: 1 December 2010
JUDGMENT OF: Simpson J at 1; Price J at 2; Howie AJ at 3
1. Application for leave is granted and the appeal allowed. 2. The sentences imposed in the District Court are quashed. 3. In lieu the applicant is sentenced as follows Count 1: a term of imprisonment of 2 years that commenced on 1 August 2009 and expires on 31 July 2011; DECISION: Count 2: a term of imprisonment of 7 years that commenced on 1 August 2010 and expires on 31 July 2017; Count 3: a term of imprisonment of 4 years 6 months that commences on 1 August 2010 and expires on 28 February 2015; Count 4: a term of imprisonment of 6 years 6 months that commences on 1 August 2012 and expires on 31 January 2019; Count 5: a term of imprisonment of 18 months that commenced on 1 August 2008 and expired on 28 February 2010; In relation to those sentences there is a non-parole period of 6 years 10 months that commenced on 1 August 2008 and that expires on 31 May 2015.
CATCHWORDS: Proceedings after conviction - Appeal - Sentencing - Commonwealth offences - Failure to comply with s 19AB of the Crimes Act (Cth) - Drug offences - whether sentence manifestly excessive - whether non-parole period excessive - applicant resentenced
LEGISLATION CITED: Crimes Act 1914 (Cth), ss 19AB, 19AB(1)(b) Criminal Code 1995 (Cth), ss 11.1, 307.6, 307.9(1), 400.5
CATEGORY: Principal judgment
Georgopolous v R [2010] NSWCCA 246 CASES CITED : Nahlous v R [2010] NSWCCA 58 Sivell v R [2009] NSWCCA 286
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