CPW v R [2009] NSWCCA 105

Reported Decision: 195 A Crim R 149

New South Wales Court of Criminal Appeal

CITATION: CPW v R [2009] NSWCCA 105

HEARING DATE(S): 12 February 2009

JUDGMENT DATE: 23 April 2009

JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Adams J at 110

1.Leave to appeal granted. 2.Appeal against sentence allowed in part. 3.Confirm the sentences for offences 1, 2 and 4. 4.Quash the sentences for offences 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and in lieu thereof impose the following sentences:- For offence 3 — a fixed term of imprisonment of six months commencing on 14 February 2009 and expiring on 13 August 2009. For offence 8 — a fixed term of imprisonment of 10 months commencing on 14 August 2009 and expiring on 13 June 2010. DECISION: For offences 9 and 11 — concurrent fixed terms of imprisonment of 10 months commencing on 14 February 2010 and expiring on 13 December 2010. For offence 10 — a fixed term of imprisonment of 14 months commencing on 14 August 2010 and expiring on 13 October 2011. For offence 12 — a fixed term of imprisonment of 14 months commencing on 14 June 2011 and expiring on 13 August 2012. For offence 13 — a fixed term of imprisonment of 10 months commencing on 14 June 2011 and expiring on 13 April 2012. For each of offences 6 and 7 — a non-parole period of one year eight months commencing on 14 August 2012 and expiring on 13 April 2014 and a balance of the term of 10 months. For offence 5 and taking into account the additional offences — a non-parole period of one year commencing 14 August 2013 and expiring on 13 August 2014 and a balance of the term of four years commencing on 14 August 2014 and expiring on 13 August 2018. The earliest date on which the applicant will be eligible for release on parole will be 13 August 2014.