Mack v R; Mack v R [2009] NSWCCA 216

New South Wales Court of Criminal Appeal

CITATION: Mack v R; Mack v R [2009] NSWCCA 216 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25 August 2009

JUDGMENT DATE: 24 September 2009

JUDGMENT OF: McClellan CJatCL; RA Hulme J; Davies J

ORDERS RE WAYNE MACK: DECISION: (1) Leave to appeal granted. (2) Uphold the appeal. (3) Confirm the sentence for count 1. (4) In relation to count 2, confirm the term of the sentence including the non-parole period but order that the sentence commence on 26 March 2007. The non-parole period will expire on 25 March 2009. (5) In relation to count 3, confirm the term of the sentence including the non-parole period but order that the sentence commence on 25 September 2008. The Applicant will be eligible for release on parole upon the expiration of the non-parole period on 25 September 2011. The total term will expire on 25 September 2014. ORDERS RE ANNETTE FAYE MACK: (1) Leave to appeal granted. (2) Uphold the appeal. (3) In relation to count 2, quash the sentence and in lieu thereof the Applicant be sentenced to a term of imprisonment comprising a non-parole period of 9 months with a balance of the term of the sentence of 3 months. The sentence to commence on 18 November 2008 with the non-parole period expiring on 17 August 2009. (4) In relation to count 1, confirm the term of the sentence including the non-parole period but order that the sentence commence on 18 May 2009. Direct the release of the Applicant on parole upon the expiration of the non-parole period expiring on 17 November 2010. The total term will expire on 17 May 2012.

CATCHWORDS: CRIMINAL LAW - sentence - appeal against severity - standard non-parole period - objective seriousness of offence - totality principle - reduction in accumulation of sentences.