NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v DGP [2010] NSWSC 1408
HEARING DATE(S) : Friday 3 December 2010
JUDGMENT DATE : 3 December 2010
JURISDICTION : Criminal
JUDGMENT OF : Hall J at 1
(1)That the sentencing orders imposed on the applicant on 30 October 2009 be re-opened. (2)That the sentence imposed on 30 October 2009 be set aside and in lieu the following order is made:- DECISION : (a) The applicant is sentenced to a term of imprisonment with a total non-parole period of 4 years, 11 months and 20 days to commence on 25 November 2007 and to expire on 14 November 2012. (b) A parole period of 3 years to expire on 13 November 2015. (3) Accordingly, the first date upon which the applicant will be eligible for parole will be 14 November 2012.
CATCHWORDS : Application pursuant to s.43(2), Crimes (Sentencing Procedure) Act 1999
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987
DAC v Regina [2006] SWCCA 265 Erceg v District Court of NSW (2004) 143 A Crim R 455 CASES CITED : Ho v DPP (1995) 37 NSWLR 393 Regina v DGP [2009] NSWSC 1154 Regina v Tolmie (1994) 72 A Crim R 416
PARTIES : REGINA v DGP
FILE NUMBER(S) : SC 2009/1242
COUNSEL : Crown: L Lungo App: P Pearsall
SOLICITORS : Crown: S Kavanagh App: Aboriginal Legal Service
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
HALL J
FRIDAY 3 DECEMBER 2010
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