R v Merrin (No. 2) [2007] NSWCCA 310

R v Merrin (No. 2) [2007] NSWCCA 310

The sentences imposed on 28 August 2007 were revoked because the sentences and commencement dates did not achieve the Court's intended total sentence of 7 years with a non-parole period of 4 years dating from 12 December 2005 and earliest parole eligibility on 11 December 2009, and because some fixed term sentences breached s 45(1) of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
05 November 2007
Procedural Posture
Criminal Law Sentence Crown Appeal / Correction of Sentences Imposed by the Court on 28 August 2007
Outcome
The sentences imposed by the Court on 28 August 2007 were revoked and the respondent was resentenced.
Legal Topics
['sentence' 'crown Appeal' 'correction of Sentence' 'non Parole Period' 'fixed Term Sentences']
['criminal Law'] ['sentence' 'crown Appeal' 'correction of Sentence' 'non Parole Period' 'fixed Term Sentences']

Case Brief

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Procedural Posture

Criminal Law Sentence Crown Appeal / Correction of Sentences Imposed by the Court on 28 August 2007

Legal Issues

  1. 1 ["Whether the sentences imposed by the Court on 28 August 2007 achieved the Court's stated intention of sentences totalling 7 years with a non-parole period of 4 years dating from 12 December 2005 and earliest eligibility for release to parole on 11 December 2009." 'Whether some fixed term sentences imposed were in breach of s 45(1) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The sentences imposed on 28 August 2007 were revoked because the sentences and commencement dates did not achieve the Court's intended total sentence of 7 years with a non-parole period of 4 years dating from 12 December 2005 and earliest parole eligibility on 11 December 2009, and because some fixed term sentences breached s 45(1) of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

The sentences imposed by the Court on 28 August 2007 were revoked and the respondent was resentenced.

Orders

  • ['The sentences imposed on 28 August 2007 are revoked.' 'Counts 2, 3 and 4: a non-parole period of 7 months with a balance of term of 4 months to date from 12 December 2005 with the non-parole period to expire on 11 July 2006 the date upon which the respondent is to be released to parole subject to the later...