OM v R, MH v R, AA v R, AS v R [2009] NSWCCA 267

New South Wales Court of Criminal Appeal

CITATION: OM v R, MH v R, AA v R, AS v R [2009] NSWCCA 267

HEARING DATE(S): 22 October 2009

JUDGMENT DATE: 16 November 2009

JUDGMENT OF: Basten JA at 1; Fullerton J at 20; McCallum J at 20

In respect of AA: (1) The non-parole period is quashed. (2) In lieu of the non-parole period of 12 months, a non-parole period of 9 months is imposed. (3) The non-parole period will be taken to have commenced on 30 January 2009 and will expire on 29 October 2009. (4) The Court directs that the applicant serve his sentence in a juvenile detention centre. In respect of AS: (1) The non-parole period is quashed. (2) In lieu of the non-parole period of 12 months, a non-parole period of 9 months is imposed. (3) The non-parole period will be taken to have commenced on 24 January 2009 and will expire on 23 October 2009. (4) The Court directs that the applicant serve his sentence in a juvenile detention centre. In respect of MH: In respect of count 2: DECISION: (1) The non-parole period is quashed. (2) In lieu of the non-parole period of 12 months, a non-parole period of 9 months is imposed. (3) The non-parole period will be taken to have commenced on 29 January 2009 and will expire on 28 October 2009. In respect of count 1: (1) The non-parole period is quashed. (2) In lieu of the non-parole period of 12 months, a non-parole period of 9 months is imposed. (3) The non-parole period will be taken to have commenced on 29 April 2009 and will expire on 28 January 2010. (4) The Court directs that the applicant serve his sentence in a juvenile detention centre. In respect of OM: (1) The non-parole period is quashed. (2) In lieu of the non-parole period of 12 months, a non-parole period of 9 months is imposed. (3) The non-parole period will be taken to have commenced on 30 January 2009 and will expire on 29 October 2009. (4) The Court directs that the applicant serve his sentence in a juvenile detention centre. We note that the orders of the sentencing judge with respect to release on parole and the conditions of parole stand.