R v Urriola

[2012] NSWSC 1634

Supreme Court

New South Wales

Medium Neutral Citation:	R v Urriola [2012] NSWSC 1634
Decision date:	13 July 2012
Before:	Fullerton J
Decision:	Sentence on Count 1 is confirmed. Sentence on Count 2 is quashed and in substitution I impose imprisonment for a non-parole period of 2 years and 6 months to date from 20 January 2011 with a balance of term of 1 year and 6 months to expire on 19 January 2015. Accordingly, the offender is eligible to be considered for release to parole on 19 July 2013.
Catchwords:	RE-SENTENCE
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Category:	Sentence
Parties:	The Crown Marcelo Alejandro Urriola
Representation:	Counsel: I McClintock SC (Crown) L Lungo (Offender)
File Number(s):	2009/156643

RE-SENTENCE

1. HER HONOUR: On 30 April 2010 I imposed the following sentences on the offender, Marcelo Alejandro Urriola:

Count 1: Accessory after the fact to murder

Imprisonment for a non-parole period of 4 years and 6 months to commence 20 January 2009 and expire 19 July 2013 with a balance of term of 1 year and 6 months to expire on 19 January 2015.

Count 2: Supply commercial quantity of prohibited drug

Imprisonment for a fixed term of 2 years and 6 months to commence 20 January 2012 and expire 19 July 2014.

Accordingly, the offender would have been eligible to be considered for release to parole on 19 July 2014.

1. The matter was remitted to me for re-sentence in respect of the offence charged in Count 2 because the sentence imposed was contrary to s 45 of the Crimes (Sentencing Procedure) Act 1999.

1. I have resolved to re-sentence on Count 2 to address that error and after taking into account the fact that the offender was sentenced over two years ago and has progressed well throughout the course of his term of custody to date, and because of the necessity for him to be back in this Court to correct an error which is not his fault in any part, the sentence I propose to impose on Count 2 will result in his earlier eligibility for release to parole. I make clear that is my stated intention.

1. In so doing I have found the need for a variation in the statutory ratio in the sentence to be imposed on Count 2 to reflect the circumstances as I have outlined them.

Orders

1. The orders I make are as follows:

1. Sentence on Count 1 is confirmed.

2. Sentence on Count 2 is quashed and in substitution I impose imprisonment for a non-parole period of 2 years and 6 months to date from 20 January 2011 with a balance of term of 1 year and 6 months to expire on 19 January 2015.

Accordingly, the offender is eligible to be considered for release to parole on 19 July 2013.

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Decision last updated: 05 February 2013