DAB v R; NJB v R [2010] NSWCCA 275

New South Wales Court of Criminal Appeal

CITATION: DAB v R; NJB v R [2010] NSWCCA 275 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 31 August 2010

JUDGMENT DATE: 30 November 2010

JUDGMENT OF: Macfarlan JA at 1; Simpson J at 2; Hall J at 116

DAB (by the Court) (i) leave to appeal granted; (ii) appeal allowed, sentences quashed; (iii) in lieu thereof, the applicant be sentenced as follows: Count 4 (manufacturing): The applicant be sentenced to a term of imprisonment made up of a non-parole period of 4 years and 6 months commencing on 21 November 2007 and expiring on 20 May 2012, with a balance of term of 3 years and 6 months expiring on 20 May 2015. DECISION: Count 1 (supply, taking into account the additional offence): The applicant be sentenced to a term of imprisonment made up of a non-parole period of 6 years commencing on 21 November 2008 and expiring on 20 November 2014, with a balance of term of 3 years expiring on 20 November 2017; NJB (by majority) (1) Leave to appeal be granted. (2) The sentences imposed by the District Court at Lismore in respect of Counts 2 and 5 on 29 May 2009 be quashed. (3) That in lieu thereof the applicant be re-sentenced as follows:- (a) In respect of Count 5, a non-parole period of 2 years and 6 months imprisonment to commence on 21 November 2007 and to expire on 20 May 2010 with a balance of term of 2 years and 6 months to expire on 20 November 2012. (b) In respect of Count 2, a non-parole period of 3 years and 6 months imprisonment to commence on 21 May 2008 and to expire on 20 November 2011 with a balance of term of 2 years and 6 months to expire on 20 May 2014.