NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SAT v R [2009] NSWCCA 172
HEARING DATE(S): 08/04/2009
JUDGMENT DATE: 30 June 2009
JUDGMENT OF: Grove J at 1; Howie J at 2; Buddin J at 3
1 Grant leave to appeal. 2 Allow the appeal. 3 Quash the sentences imposed in the District Court and in substitution therefore impose the following sentences: (a) in respect of count 1, sentence the applicant to a fixed term of imprisonment of 2 years to commence on 11 December 2006 and to expire on 10 December 2008. (b) in respect of count 5, sentence the applicant to a fixed term of imprisonment of 3 years to commence on 11 December 2007 and to expire on 10 December 2010. DECISION: (c) in respect of count 6, sentence the applicant to a fixed term of imprisonment of 3 years to commence on 11 December 2007 and to expire on 10 December 2010. (d) in respect of count 7, sentence the applicant to a fixed term of 2 years 6 months to commence on 11 December 2007 and to expire on 10 June 2010. (e) in respect of count 8, sentence the applicant to a fixed term of 2 years 6 months to commence on 11 December 2007 and to expire on 10 June 2010. (f) in respect of count 3, sentence the applicant to a non-parole period of 6 years to commence on 11 December 2007 and to expire on 10 December 2013 with a total term of 9 years imprisonment to expire on 10 December 2016. (g) in respect of count 4, sentence the applicant to a non-parole period of 6 years to commence on 11 December 2007 and to expire on 10 December 2013 with a total term of 9 years imprisonment to expire on 10 December 2016. (h) in respect of count 2, and taking into account the matters on the Form 1 document, sentence the applicant to a non-parole period of 6 years to commence on 11 December 2007 and to expire on 10 December 2013 with a total term of imprisonment of 9 years 6 months to expire on 10 June 2017. (i) The applicant will be eligible for release to parole on 10 December 2013. The total effective sentence consists of a non-parole period of 7 years with a total term of imprisonment of 10 years 6 months.
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