Regina v Kelly [2010] NSWCCA 259

New South Wales Court of Criminal Appeal

CITATION: Regina v Kelly [2010] NSWCCA 259

HEARING DATE(S): 14/10/10

JUDGMENT DATE: 9 December 2010

JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 2; Hoeben J at 103

1. Appeal allowed. 2. The sentences imposed on 7 May 2010 are quashed. 3. In lieu thereof, the respondent is sentenced as follows: DECISION: In respect of Count 5, the respondent is sentenced to a term of imprisonment with a non parole period of 3 years 6 months, to date from 1 March 2009 and to expire on 31 August 2012, with an additional term of 2 years to expire on 30 August 2014. In respect of Count 2, the respondent is sentenced to a term of imprisonment with a non parole period of 3 years, to date from 1 September 2009 and to expire on 31 August 2012, with an additional term of 1 year to expire on 30 August 2013. In respect of Count 3, taking account of the matter on the Form 1, the respondent is sentenced to a term of imprisonment with a non parole period of 3 years, to date from 1 September 2009 and to expire on 31 August 2012, with an additional term of 1 year to expire on 30 August 2013. In respect of Count 4, taking account of the matter on the Form 1, the respondent is sentenced to a term of imprisonment with a non parole period of 2 years 9 months, to date from 1 March 2010 and to expire on 30 November 2012, with an additional term of 1 year to expire on 30 November 2013. In respect of Count 1, the respondent is sentenced to a term of imprisonment with a non parole period of 3 years 6 months, to date from 1 September 2010 and to expire on 28 February 2014, with an additional term of 2 years 6 months to expire on 31 August 2016. The respondent is to be eligible for release on parole on 28 February 2014.