R v Urriola [2012] NSWSC 1634

R v Urriola [2012] NSWSC 1634

Because the sentence previously imposed on Count 2 was contrary to s 45 of the Crimes (Sentencing Procedure) Act 1999, and because the offender had progressed well in custody and was before the Court to correct an error not attributable to him, the sentence on Count 2 was quashed and replaced with a non-parole period and balance of term producing earlier parole eligibility; the sentence on Count 1 was confirmed.

Jurisdiction
Australia
Judgment Date
13 July 2012
Procedural Posture
Re Sentence / Sentence
Outcome
Sentence on Count 1 confirmed; sentence on Count 2 quashed and substituted; offender eligible to be considered for release to parole on 19 July 2013.
Legal Topics
['accessory After the Fact to Murder' 'supply Commercial Quantity of Prohibited Drug' 're Sentence' 'non Parole Period' 'parole Eligibility' 'statutory Ratio']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'supply Commercial Quantity of Prohibited Drug' 're Sentence' 'non Parole Period' 'parole Eligibility' 'statutory Ratio']

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Procedural Posture

Re Sentence / Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed on Count 2 should be quashed and re-imposed because it was contrary to s 45 of the Crimes (Sentencing Procedure) Act 1999.' "Whether the sentence on Count 2 should vary the statutory ratio to reflect the offender's progress in custody and the need to correct an error not attributable to him."]

Ratio Decidendi

Because the sentence previously imposed on Count 2 was contrary to s 45 of the Crimes (Sentencing Procedure) Act 1999, and because the offender had progressed well in custody and was before the Court to correct an error not attributable to him, the sentence on Count 2 was quashed and replaced with a non-parole period and balance of term producing earlier parole eligibility; the sentence on Count 1 was confirmed.

Court Disposition

Sentence on Count 1 confirmed; sentence on Count 2 quashed and substituted; offender eligible to be considered for release to parole on 19 July 2013.

Orders

  • ['Sentence on Count 1 is confirmed.' 'Sentence on Count 2 is quashed and in substitution I impose imprisonment for a non-parole period of 2 years and 6 months to date from 20 January 2011 with a balance of term of 1 year and 6 months to expire on 19 January 2015.' 'Accordingly, the offender is eligible to be...