Makarov v R (No. 4) [2008] NSWCCA 341

Makarov v R (No. 4) [2008] NSWCCA 341

It is appropriate to vary the commencement date for sentences imposed for offences against A to account for quashing of related convictions and sentences; the new commencement date of 10 December 2010 is ordered to ensure the sentence better reflects the remaining convictions and the totality principle applied by the sentencing judge.

Parties
Appellant: Victor Makarov; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Criminal Appeal / Application to Vary Commencement of Sentence Under S.59, Post Appeal
Outcome
Date of commencement for sentences related to offences against A varied; parole eligibility adjusted accordingly.
Legal Topics
Variation of Sentence Commencement, Appeal Against Conviction, Concurrent and Cumulative Sentences, Totality, Special Circumstances
Criminal Law Variation of Sentence Commencement Appeal Against Conviction Concurrent and Cumulative Sentences Totality Special Circumstances

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Parties

Victor Makarov

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application to Vary Commencement of Sentence Under S.59, Post Appeal

Legal Issues

  1. 1 Whether the date of commencement of sentences in relation to offences against A should be varied under s.59 Crimes (Sentencing Procedure) Act 1999 following success of a related appeal and quashing of sentences for offences against B and C.

Ratio Decidendi

It is appropriate to vary the commencement date for sentences imposed for offences against A to account for quashing of related convictions and sentences; the new commencement date of 10 December 2010 is ordered to ensure the sentence better reflects the remaining convictions and the totality principle applied by the sentencing judge.

Court Disposition

Date of commencement for sentences related to offences against A varied; parole eligibility adjusted accordingly.

Orders

  • With respect to Counts 1, 2 and 4: imprisonment for three years from 10 December 2010 to 9 December 2013.
  • As to Counts 5 and 6: imprisonment for four years from 10 December 2010 to 9 December 2014.