R v Pearson

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.

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. -oOo-