Harris v R [2013] NSWCCA 296

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Harris v R [2013] NSWCCA 296 Hearing dates: 16 October 2013 Decision date: 26 November 2013 Before: Hoeben CJ at CL at [1] Johnson J at [2] Bellew J [3] Decision: (i) the application for extension of time in which to seek leave to appeal against sentence is granted; (ii) leave to appeal against sentence is granted; (iii) the appeal is allowed; (iv) the sentence imposed in respect of count 1 is quashed, and in lieu thereof a non-parole period of 2 years and 10 months, commencing on 11 July 2010 and expiring on 10 May 2013, with an additional term of 11 months expiring on 10 April 2014, is imposed; (v) the sentence imposed in respect of count 2 is quashed, and in lieu thereof a non-parole period of 4 years, commencing on 11 October 2010 and expiring on 10 October 2014, with an additional term of 3 years expiring on 10 October 2017, is imposed; (vi) the sentence imposed in respect of count 3 is quashed, and in lieu thereof a non-parole period of 9 months commencing on 11 October 2009, and expiring on 10 July 2010, with an additional term of 9 months expiring on 10 April 2011, is imposed; (vii) the sentence imposed in respect of count 4 is quashed and in lieu thereof a non-parole period of 12 months commencing on 11 April 2007 and expiring on 10 April 2008, with an additional term of 6 months expiring on 10 October 2008, is imposed; (viii) the sentence in respect of count 5 is quashed and in lieu thereof, having taken into account the matters on the Form 1 signed by the applicant on 7 February 2008, a non-parole period of 18 months commencing on 11 April 2008 and expiring on 10 October 2009, with an additional term of 18 months expiring on 10 April 2011, is imposed; (ix) the applicant is sentenced to an overall non-parole period of 7 years and 6 months, commencing on 11 April 2007 and expiring on 10 October 2014, with an additional term of 3 years expiring on 10 October 2017; (x) the applicant will be eligible for release on parole on 10 October 2014 and his sentence will expire on 10 October 2017. Catchwords: CRIMINAL LAW - appeal - application for extension of time in which to seek leave to appeal based upon Muldrock error - principles to be applied in determining application for extension of time - error established - applicant re-sentenced