Cross v R (No. 2) [2012] NSWCCA 234

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cross v R (No. 2) [2012] NSWCCA 234 Hearing dates: 29 May 2012 Decision date: 21 November 2012 Before: Allsop P, Hidden and Davies JJ Decision: The sentences imposed on 10 September 2012 be varied to read as follows: (1) In respect of Count 1 and taking into account the matter on the Form 1, a non-parole period of 18 months commencing 9 March 2010 and expiring 8 September 2011 with a balance of term of 6 months; (2) In respect of Count 2 and taking into account the matter on the Form 16BA, a fixed term of 15 months commencing 9 June 2011 and expiring 8 September 2012; (3) In respect of Count 3, a non-parole period of 3 months commencing 9 September 2012 and expiring 8 December 2012 with a balance of term of 2 years and 9 months expiring 8 September 2015. (4) Direct that the Applicant be released to parole on 8 December 2012 with the following additional conditions: (a) The Applicant to report to the Sydney office of the Probation and Parole Service within seven days of his release to parole; and (b) He is to accept and comply with all reasonable directions for treatment and counselling. Catchwords: CRIMINAL LAW -sentencing - parole orders - whether to be made for each of a number of partly cumulative sentences Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cross v R [2012] NSWCCA 114 Category: Consequential orders Parties: Terry Cross (Applicant) Crown Representation: Counsel: D Barrow (Applicant) T Smith (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/161797 & 2010/60784 Decision under appeal Date of Decision: 2010-12-14 00:00:00 Before: G D Woods DCJ File Number(s): 2009/161797 & 2010/60784