R v Nykolyn

[1999] NSWCCA 39

CITATION:	R v Nykolyn [1999] NSWCCA 39 revised - 18/03/99
FILE NUMBER(S):	CCA 60574/98
HEARING DATE(S):	9 March 1999
JUDGMENT DATE:	9 March 1999
PARTIES :	Danny Anthony Nykolyn v Regina
JUDGMENT OF:	Meagher JA at 1; Dunford J at 1; Grove J at 1

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	87/01/0868; 89/11/1543
LOWER COURT JUDICIAL OFFICER:	Levine DCJ

COUNSEL:	Appellant: D A Whetmore, Crown: L M B Lamprati
SOLICITORS:	Appellant: Jankowski, Crown: S E O'Connor
CATCHWORDS:	sentencing, special circumstances, danger of prisoner becoming "institutionalised".
DECISION:	Appeal allowed.

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IN THE COURT OF
CRIMINAL APPEAL

CCA: 60574/98

CORAM: MEAGHER JA
DUNFORD J
GROVE J

9 March 1999

Danny Anthony NYKOLYN v REGINA

JUDGMENT

1 MEAGHER JA: In this matter in the court's opinion we should grant an extension of time, permit the appeal to be brought and quash the sentences in matters 5, 6, 7 and 9, so instead of 8 years commencing on 1 March 1993 and expiring on 28 February 2001, there be substituted there for a minimum term of 7 years commencing 1 March 1993 and expiring on 29 February 2000 and an additional term of 3 years expiring on 28 February 2003. The appellant will be eligible for parole on 1 March 2000.