NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Faaoloii, Schaafhausen & Tuala [2016] NSWCCA 263 Hearing dates: 29 June 2016 Date of orders: 24 November 2016 Decision date: 24 November 2016 Before: Hall J at [1] McCallum J at [2] R S Hulme AJ at [3] Decision: Mr Schaafhausen
(i) Crown appeal allowed;
(ii) Set aside the sentence imposed by Phegan ADCJ on 30 March 2016, and in lieu thereof;
(iii) Sentence the Respondent to a non-parole period of 2 years and 6 months commencing on 24 October 2014 together with a balance of term of 4 years and 6 months years commencing on 24 April 2017;
(iv) Record as the date upon which it appears to the Court that the Respondent shall become eligible for parole, 24 April 2017.
Mr Faaoloii
(i) Crown appeal allowed;
(ii) Set aside the sentence imposed by Phegan ADCJ on 30 March 2016, and in lieu thereof;
(iii) Sentence the Respondent to a non-parole period of 2 years and 3 months commencing on 24 October 2014 together with a balance of term of 3 years and 9 months commencing on 24 January 2017;
(iv) Record as the date upon which it appears to the Court that the Respondent shall become eligible for parole, 24 January 2017.
Mr Tuala
(i) Crown appeal allowed;
(ii) Set aside the sentence imposed by Phegan ADCJ on 30 March 2016, and in lieu thereof;
(iii) Sentence the Respondent to a non-parole period of 2 years and 3 months commencing on 24 October 2014 together with a balance of term of 3 years and 9 months commencing on 24 January 2017;
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