NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RO v R [2019] NSWCCA 183 Hearing dates: 21 June 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Before: Bathurst CJ at [1]; Beech-Jones J at [2] N Adams J at [117] Decision: (1) The applicant be granted leave to appeal;
(2) The appeal be allowed;
(3) Set aside the aggregate sentence imposed by Wass DCJ on the applicant on 13 October 2017;
(4) In lieu thereof:
(a) impose an aggregate sentence of 21 years imprisonment to commence on 1 August 2016 and expire on 31 July 2037; (b) pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 set a non-parole period of 14 years; (c) specify that the earliest date the applicant will be eligible to be released on parole is 1 August 2030; (d) pursuant to s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999, record that an aggregate sentence is imposed and indicate to the applicant that the sentences that would have been imposed for each offence under separate sentences instead of an aggregate sentence are those specified in the schedule hereto.
(5) Direct the applicant's solicitor to notify the applicant of the existence of the Crimes (High Risk Offenders) Act 2006 and its application to the offences the subject of this application.
Schedule
Count 1 (s 61J(1)) – Imprisonment for 11 years 11 months with a non‑parole period of 7 years and 11 months;
Count 2 (s 66C(2)) – Imprisonment for 9 years and 4 months;
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