Amacha v R, R v Amacha [2010] NSWCCA 180

New South Wales Court of Criminal Appeal

CITATION: Amacha v R, R v Amacha [2010] NSWCCA 180 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 23 April 2010

JUDGMENT DATE: 19 August 2010

JUDGMENT OF: Allsop P at 1; Grove J at 93; Hislop J at 94

1. Grant leave to the applicant to appeal against sentence. 2. Dismiss the appeal. 3. Allow the Crown appeal in part. 4. Set aside the sentences imposed by the District Court on 1 May 2009 and in lieu thereof impose the following sentences. As to the sentences arising from the trial: DECISION: (a) As to count 2, imprisonment for six years to commence on 29 September 2007 and to expire on 28 September 2013 with a non-parole period of four years six months to expire on 28 March 2012. (b) As to count 4, imprisonment for six years six months to commence on 29 September 2007 and to expire on 28 March 2014, with a non-parole period of four years ten months to expire on 28 July 2012. (c) As to count 5, imprisonment for six years to commence on 29 December 2007 and to expire on 28 December 2013 with a non-parole period of four years six months to expire on 28 June 2012. (d) As to count 7, imprisonment for nine years to commence on 29 March 2008 and to expire on 28 March 2017, with a non-parole period of six years eight months to expire on 28 November 2014. As to the sentences arising from the guilty plea: (e) As to count 1, imprisonment for four years and six months to commence on 28 August 2011 and to expire on 27 February 2016 with a non-parole period of three years four months to expire on 27 December 2014. (f) As to count 2, imprisonment for four years six months to commence on 28 September 2011 and to expire on 27 March 2016 with a non-parole period of three years four months to expire on 27 January 2015.