R v Pearson

[2004] NSWCCA 151

CITATION:	R v Pearson [2004] NSWCCA 151
HEARING DATE(S):	29 March 2004
JUDGMENT DATE:	13 May 2004
JUDGMENT OF:	Sperling J at 1; Kirby J at 1; Bell J at 1
DECISION:	Orders of the Court made on 7 May 2004 varied by substituting the following for order (3): (3) Sentence quashed and in lieu thereof the applicant be re-sentenced as follows: (a) In relation to Count 1, taking into account the offences on Form 1, a term of imprisonment for five years commencing on 18 November 2002, with a non-parole period of three years commencing on 18 November 2002 and expiring on 17 November 2005, that being the earliest date on which the applicant will be eligible for release on parole; (b) In relation to each of Counts 2 and 3, a term of imprisonment for three years commencing on 18 November 2002 with a non-parole period commencing on 18 November 2002 and expiring on 17 November 2004.
CATCHWORDS:	No question of principle
CASES CITED:	R v Pearson [2004] NSWCCA 129
PARTIES :	Regina David Wayne Pearson
FILE NUMBER(S):	CCA 60450/03
COUNSEL:	Mr P G Ingram with Mr M Seymour for the Crown Ms R Burgess for the Applicant
SOLICITORS:	Director of Public Prosecutions Legal Aid Commission of NSW for the Applicant

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	02/21/3393
LOWER COURT JUDICIAL OFFICER :	Sides DCJ

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60450/03

Sperling J
Kirby J
Bell J

Thursday, 13 May 2004

Regina v David Wayne Pearson

Judgment

1 The Court: The orders made on 7 May 2004 (R v Pearson [2004] NSWCCA 129) failed to recognise that the appeal was against three concurrent sentences rather than against one sentence.

2 The orders of the Court made on 7 May 2004 should be varied by substituting the following for order (3):

(3) Sentence quashed and in lieu thereof the applicant be re-sentenced as follows:

(a) In relation to Count 1, taking into account the offences on Form 1, a term of imprisonment for five years commencing on 18 November 2002, with a non-parole period of three years commencing on 18 November 2002 and expiring on 17 November 2005, that being the earliest date on which the applicant will be eligible for release on parole;
(b) In relation to each of Counts 2 and 3, a term of imprisonment for three years commencing on 18 November 2002 with a non-parole period commencing on 18 November 2002 and expiring on 17 November 2004.
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Last Modified: 05/14/2004