DJM v R [2013] NSWCCA 101

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DJM v R [2013] NSWCCA 101 Hearing dates: 19 March 2013 Decision date: 06 May 2013 Before: Basten JA at [1]; Simpson J at [2]; Blanch J at [3] Decision: (1) Leave to appeal be granted. (2) Appeal allowed. (3) Impose sentences as follows: (a) On Count 5 confirm the sentence of 18 months fixed term to date from 8 October 2009; (b) On Count 1 quash the sentence and impose a sentence of 3 years fixed term to date from 8 April 2010; (c) On Count 2 confirm the sentence of 7 years fixed term but order the sentence to date from 8 October 2010; (d) On Count 3 quash the sentence and taking into account the Form 1 impose a sentence of 7 years fixed term to date from 8 October 2011; (e) On Count 4 quash the sentence and taking into account the Form 1 impose a sentence of 7 years fixed term to date from 8 April 2012; (f) On Count 6 quash the sentence and taking into account the Form 1 impose a sentence of 7 years non-parole period from 8 October 2012 with a balance of term of 3 years 4 months. The total effective sentence would be a non-parole period of 10 years with a balance of term of 3 years 4 months. The first date on which the applicant will be eligible for release on parole is 7 October 2019. Catchwords: CRIMINAL LAW - sentence appeal - whether sentencing judge took into account irrelevant matter - s 21A(2) Crimes (Sentencing Procedure) Act 1999

CRIMINAL LAW - sentencing appeal - whether judge found special circumstances - whether sufficient weight given to finding of special circumstances