Kennedy v R [2010] NSWCCA 260

New South Wales Court of Criminal Appeal

CITATION: Kennedy v R [2010] NSWCCA 260

HEARING DATE(S): 22 October 2010

JUDGMENT DATE: 17 November 2010

JUDGMENT OF: Simpson J at 1; Fullerton J at 87; RA Hulme J at 88

The applicant re-sentenced as follows: Count 1: Imprisonment made up of a non-parole period of 2 years and 3 months commencing on 15 October 2008 and expiring on 14 January 2011 with a balance of term of 9 months expiring on 14 October 2011. Count 2: Imprisonment for a fixed term of 2 years commencing on 15 October 2008 and expiring on 14 October 2010. Count 3: Imprisonment made up of a non-parole period of 3 years and 9 months commencing on 15 October 2009 and expiring on 14 July 2013 with a balance of term of 11 months expiring on 14 June 2014. Count 4: Imprisonment made up of a non-parole period of 1 year and 8 months commencing on 15 October 2009 and expiring on 14 June 2011 with a balance of term of 7 months expiring on 14 January 2012. DECISION: Count 5: Imprisonment for a fixed term of 2 years commencing on 15 October 2009 and expiring on 14 October 2011. Count 6: Imprisonment made up of a non-parole period of 1 year and 8 months commencing on 15 October 2010 and expiring on 14 June 2012 with a balance of term of 7 months expiring on 14 January 2013. Count 7: Imprisonment made up of a non-parole period of 2 years and 3 months commencing on 15 October 2011 and expiring on 14 January 2014 with a balance of term of 9 months expiring on 14 October 2014. Count 8: Imprisonment for a fixed term of 2 years commencing on 15 October 2011 and expiring on 14 October 2013. Count 9: Imprisonment made up of a non-parole period of 2 years commencing on 15 October 2012 and expiring on 14 October 2014 with a balance of term of 3 years expiring on 14 October 2017. Count 10: Imprisonment for a fixed term of 1 year and 6 months commencing on 15 October 2012 and expiring on 14 April 2014. The aggregate sentence is therefore one of 9 years with a non-parole period of 6 years.