Orkopoulos v R [2009] NSWCCA 213

New South Wales Court of Criminal Appeal

CITATION: Orkopoulos v R [2009] NSWCCA 213

HEARING DATE(S): 23 June 2009

JUDGMENT DATE: 25 August 2009

JUDGMENT OF: Spigelman CJ at 1; McClellan CJatCL at 2; Johnson J at 104

1. Appeal against conviction dismissed. 2. Leave to appeal against sentence granted and the appeal upheld in part. 3. The applicant is sentenced as follows: In relation to the offences against s 78K: For count 10 the applicant is sentenced to a fixed term of imprisonment of one year and nine months commencing on 19 April 2014 and expiring on 18 January 2016. For count 11 the applicant is sentenced to a fixed term of imprisonment of two years and three months commencing on 19 April 2014 and expiring on 18 July 2016. For count 18 the applicant is sentenced to a fixed term of imprisonment of two years and three months commencing on 19 October 2014 and expiring on 18 January 2017. For count 28 the applicant is sentenced to a fixed term of imprisonment of one year and nine months commencing on 19 April 2011 and expiring on 18 January 2013. For count 31 the applicant is sentenced to a minimum term of imprisonment of one year and nine months commencing on 19 July 2011 and expiring on 18 April 2013, with an additional term of one year and eight months to expire on 18 December 2014. In respect of the following counts the commencing and expiring date is adjusted and the applicant is sentenced as follows: DECISION: For count 1 the applicant is sentenced to a fixed term of imprisonment of six months commencing on 19 April 2013 and expiring on 18 October 2013. For count 2 the applicant is sentenced to a fixed term of imprisonment of eight months commencing on 19 July 2013 and expiring on 18 March 2014. For count 3 the applicant is sentenced to a fixed term of imprisonment of twelve months commencing on 19 October 2013 and expiring on 18 October 2014. For count 8 the applicant is sentenced to a fixed term of imprisonment of twelve months commencing on 19 January 2014 and expiring on 18 January 2015. For count 9 the applicant is sentenced to a fixed term of imprisonment of two years commencing on 19 January 2014 and expiring on 18 January 2016. For count 12 the applicant is sentenced to a fixed term of imprisonment of twelve months commencing on 19 April 2014 and expiring on 18 April 2015. For count 13 the applicant is sentenced to a fixed term of imprisonment of two years commencing on 19 April 2014 and expiring on 18 April 2016. For count 16 the applicant is sentenced to a fixed term of imprisonment of twelve months commencing on 19 July 2014 and expiring on 18 July 2015. For count 17 the applicant is sentenced to a fixed term of imprisonment of two years commencing on 19 July 2014 and expiring on 18 July 2016. For count 4 the applicant is sentenced to a fixed term of imprisonment of eighteen months commencing on 19 October 2014 and expiring on 18 April 2016. For count 5 the applicant is sentenced to a minimum term of imprisonment of two years and four months commencing on 19 October 2014 and expiring on 18 February 2017. I fix an additional term of four years and eight months to expire on 18 October 2021.