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Dean v The Queen [2020] NSWCCA 317

The offender was convicted following a plea of guilty to one charge of using a carriage service to threaten to kill contrary to s 474.15(1) Commonwealth Criminal Code and additional State offences. The offender was originally sentence to 7 years and 7 months’ imprisonment with a 6 year and 7 month non-parole period. The offender appealed on five grounds. Relevantly to the Commonwealth offence, the offender appealed on the basis the trial judge erred in imposing the total effective non-parole period and that the sentences were manifestly excessive.

Non-Parole Period: It was open to the sentencing judge to achieve stated intention of extending period on parole by adjusting commencement dates of respective sentences. The intended outcome was not frustrated by the engagement of both State and Commonwealth sentencing regimes. The commencement and expiry dates defeated the objective of a longer period on parole. This ground of appeal was upheld, with the concessions and conclusions having the effect that the manifest excess appeal ground does not arise.

State sentences reduced. Sentence for offence against Commonwealth will be 3 years imprisonment. Total effective sentence of 7 years’ imprisonment with a 4 year and 8 month non-parole period.
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