JRM v R [2012] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JRM v R [2012] NSWCCA 112 Hearing dates: Thursday 3 May 2012 Decision date: 04 June 2012 Before: Hoeben JA at [1] RS Hulme J at [2] Fullerton J at [37] Decision: (1)Allow the appeal. (2)Quash the sentences imposed by Garling DCJ on 15 October 2010 in respect of Counts 1 and 2 and in lieu thereof re-sentence the applicant as follows:- (a)In respect of Count 2, sentence the applicant to imprisonment for a non-parole period of 4 years commencing on 16 November 2011 together with a further term of 16 months. (b)In respect of Count 1, sentence the applicant to imprisonment for a non-parole period of 4 years commencing on 16 November 2014 together with a further term of 3 years. (c)Record as the date upon which it appears to the Court that the applicant shall become eligible for parole 16 November 2018. Catchwords: Criminal law - sentencing - representative offences - sentences should reflect matters charged Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: MRW v R [2011] NSWCCA 260 Category: Principal judgment Parties: JRM v REGINA Representation: C: S Dowling A: T Gartelmann C: S Kavanagh A: Tully & Chiper Lawyers File Number(s): 2009/253060 Decision under appeal Date of Decision: 2010-10-15 00:00:00 Before: Garling DCJ File Number(s): 2009/253060