MARKS, Simon Christopher v R [2009] NSWCCA 24

New South Wales Court of Criminal Appeal

CITATION: MARKS, Simon Christopher v R [2009] NSWCCA 24

HEARING DATE(S): 3 November 2008

JUDGMENT DATE: 13 February 2009

JUDGMENT OF: McClellan CJatCL at 1; Hall J at 2; Harrison J at 3

1. Grant leave to appeal and allow the appeal. 2. Quash the sentences imposed upon the applicant by Nield DCJ on 1 June 2007. 3. In lieu thereof the applicant is sentenced to the following terms of imprisonment: DECISION: (a) On charge 1: to a term of 1 year and 8 months with a non-parole period of 1 year and 2 months commencing on 23 January 2007 and expiring on 22 March 2008 with a balance of term of 6 months commencing on 23 March 2008 and expiring on 22 September 2008. (b) On charge 2: to a term of 1 year and 11 months with a non-parole period of 1 year and 4 months commencing on 23 April 2007 and expiring on 22 August 2008 with a balance of term of 7 months commencing on 23 August 2008 and expiring on 22 March 2009. (c) On charge 3: to a term of 1 year and 11 months with a non-parole period of 1 year and 4 months commencing on 23 July 2007 and expiring on 22 November 2008 with a balance of term of 7 months commencing on 23 November 2008 and expiring on 22 June 2009. (d) On charge 4: to a term of 2 years and 8 months with a non-parole period of 2 years commencing on 23 October 2007 and expiring on 22 October 2009 with a balance of term of 8 months commencing on 23 October 2009 and expiring on 22 June 2010. (e) On charge 5: to a term of 1 year and 6 months with a non-parole period of 1 year commencing on 23 October 2008 and expiring on 22 October 2009 with a balance of term of 6 months commencing on 23 October 2009 and expiring on 22 April 2010.