REGINA v XX [2009] NSWCCA 115

Reported Decision: 195 A Crim R 38

New South Wales Court of Criminal Appeal

CITATION: REGINA v XX [2009] NSWCCA 115 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Friday 21 November 2008

JUDGMENT DATE: 21 April 2009

JUDGMENT OF: Tobias JA at 1; Kirby J at 2; Hall J at 3

That the appeal be upheld. The sentences imposed by the District Court in respect of Counts 1, 2, 3 and 4 be set aside. That the respondent be re-sentenced in respect of Counts 1, 2, 3 and 4 as follows:- (1) Count 4: A non-parole period of 1 year and 8 months to commence on 14 February 2007 and to expire on 13 October 2008 with a balance of term of 9 months to expire on 13 July 2009. (2) Count 1: A non-parole period of 5 years to commence on 14 May 2007 and to expire on 13 May 2012 with a balance of term of 2 years to expire on 13 May 2014. DECISION: (3) Count 2: Taking account of the Form 1, a non-parole period of 6 years and 7 months to commence on 14 November 2007 and to expire on 13 June 2014 with a balance of term of 2 years and 2 months to expire on 13 August 2016. (4) Count 3: A non-parole period of 1 year and 6 months to commence on 14 February 2007 and to expire on 13 August 2008 with a balance of term of 6 months to expire on 13 February 2009. Accordingly the total effective sentence under the orders proposed will be a non-parole period of 7 years and 4 months commencing on 14 February 2007 and expiring on 13 June 2014 with a balance of term of 2 years and 2 months to expire on 13 August 2016. The earliest date upon which the respondent will be eligible for release on parole, accordingly, will be 13 June 2014.