R v Nykolyn [1999] NSWCCA 39

The Court found special circumstances that justified varying the minimum and additional terms of the appellant's sentence, recognising the danger of institutionalisation.

Jurisdiction: Australia
Judgment Date: 09 March 1999
Procedural Posture: Criminal Appeal / Court of Criminal Appeal Judgment
Outcome: Appeal allowed
Legal Topics: ['sentencing' 'special Circumstances' 'parole Eligibility' 'danger of Institutionalisation']

['criminal Law'] ['sentencing' 'special Circumstances' 'parole Eligibility' 'danger of Institutionalisation']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

1 ['Whether special circumstances exist justifying variation of sentence' 'Determination of appropriate sentencing given risk of institutionalisation']

Ratio Decidendi

The Court found special circumstances that justified varying the minimum and additional terms of the appellant's sentence, recognising the danger of institutionalisation.

Court Disposition

Appeal allowed

Orders

['Extension of time granted' 'Sentences in matters 5, 6, 7 and 9 quashed' 'Substituted minimum term of 7 years commencing 1 March 1993 and expiring on 29 February 2000' 'Additional term of 3 years expiring on 28 February 2003' 'Appellant eligible for parole on 1 March 2000']