R v Arnold [No 2]

[2004] NSWCCA 323

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION:      R v Arnold [No 2] [2004]  NSWCCA 323 revised - 2/11/2004

FILE NUMBER(S):
60157/04

HEARING DATE(S):            14/07/04

JUDGMENT DATE: 02/11/2004

PARTIES:
Regina
Bradley Scott Arnold

JUDGMENT OF:      Wood CJ at CL Adams J Kirby J   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):        03/11/0179
03/11/10184

LOWER COURT JUDICIAL OFFICER:     Finnane DCJ

COUNSEL:
P Power SC (Crown)
R J Button (App)

SOLICITORS:
S O'Connor (Crown)
S Kavanagh (App)

CATCHWORDS:

LEGISLATION CITED:

DECISION:
Error in sentencing dates corrected.

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

60157/04

WOOD CJ at CL
ADAMS J
KIRBY J

Thursday 2 November 2004

REGINA v Bradley Scott ARNOLD

Judgment

1. THE COURT:  In this matter the appellant’s sentences were altered on appeal (R v Arnold [2004] NSWCCA 294).

2. The order affecting count 24 contains a typographical error in that the commencement date of the non-parole period should have been 23 February 2009, the date upon which the sentence commenced, rather than the specified date of 23 February 2011.  The effect of correcting this order is to create a gap before the succeeding sentence (on count 21) commencing 23 February 2011.  It is therefore necessary to make a consequential amendment to the commencement date of the sentence imposed in respect of count 19, presently commencing on 23 February 2008 and concluding on 22 November 2011, so that it commences on 23 May 2007 and concludes on 22 February 2011.

3. Accordingly we, as a Court, make the following amending orders:

1.The orders made by the Court on 30 August 2004 are varied by specifying that the non-parole period of 1 year in respect of count 24 (sentence 9 years) will commence on 23 February 2009 (in lieu of 23 February 2011) and will expire on 22 February 2010 (in lieu of 22 February 2012).

2.The sentence of 3 years 9 months in respect of count 19 will commence on 23 May 2007 (in lieu of 23 February 2008) and conclude on 22 February 2011 (in lieu of 22 November 2011).

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LAST UPDATED:     02/11/2004