Paul Darcey Armstrong v R [2013] NSWCCA 137

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Paul Darcey Armstrong v R [2013] NSWCCA 137 Hearing dates: 9 and 11 April 2013 Decision date: 11 June 2013 Before: Simpson J; Harrison J; Bellew J Decision: Vary the sentences imposed upon the appellant by her Honour Murrell DCJ on 13 August 2010 as follows: 1. Sexual intercourse without consent: imprisonment for a fixed term of 2 years and 6 months to commence on 4 December 2008 and to expire on 3 June 2011. 2. Sexual intercourse without consent: imprisonment for 4 years, 10 months and 17 days to commence on 4 December 2009 and to expire on 20 October 2014 with a non-parole period of 2 years, 10 months and 17 days to expire on 20 October 2012. Catchwords: CRIMINAL LAW - appeal - sentence quashed - consequential orders pursuant to s 59 Crimes (Sentencing Procedure) Act - variation of commencement dates of remaining sentences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Appeal Rules Category: Consequential orders Parties: Paul Darcey Armstrong (Appellant) Crown (Respondent) Representation: Counsel: P Ingram SC (Respondent) Solicitors: Legal Aid NSW (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/63851 Publication restriction: Nil Decision under appeal Jurisdiction: 9111 Citation: R v Armstrong [2010] NSWSC 800 Date of Decision: 2010-08-12 00:00:00 Before: Buddin J and jury File Number(s): 2009/63851