Magnuson v R [2013] NSWCCA 50

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Magnuson v R [2013] NSWCCA 50 Hearing dates: 22 October 2012 Decision date: 01 March 2013 Before: McClellan CJ at CL at [1] Bellew J at [2] Button J at [3] Decision: (1) Leave to appeal against sentence granted. (2) Appeal against sentence allowed. (3) Quash the commencement date of the nine sentences imposed for the offences committed against LM. (4) In substitution all of the nine sentences imposed for the offences committed against LM are to commence on 26 February 2012. (5) Quash the commencement date of the four sentences imposed for the offences committed against JM. (6) In substitution all of the four sentences imposed for the offences committed against JM are to commence on 26 August 2013. (7) Quash the non-parole period of 6 years of the sentence imposed for the offence of rape committed against JM and contained in count 3 of the indictment. (8) In substitution impose a new non-parole period for the offence of rape committed against JM and contained in count 3 of the indictment of imprisonment for 5 years, to commence on 26 August 2013 and expire on 25 August 2018. (9) The new date upon which the applicant is first eligible for release on parole is 25 August 2018. Catchwords: CRIMINAL LAW - leave to appeal against sentence - error in approach to aggravating features contained in s 21A Crimes (Sentencing Procedure) Act 1999 - error in approach to s 21A(2)(ea) - error in approach to s 21A(2)(m)