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Prior sentences - sentencing for serious multiple offences - correct commencement dates for subsequent sentences - sentence must start at expiration of NPP of prior sentences - allowance for early guilty plea - law reform - need for amendment of sentencing legislation to ensure total of head sentences not reduced, by reason of accumulation provisions to an unacceptable level. High category of blameworthiness - not worst case category - infatuation - break-up of illicit liaison by victim - anger, resentment, vengeance and deprivation as motivating factors - absence of remorse and contrition - general deterrence - special circumstances - age of prisoner - progressive medical condition of prisoner. KINCHELA, Shane Anthony - NSW SC, Sperling J, 23.1.2002Citation: R v Kinchela  NSWSC 8Judgment on application for bail for purpose of obtaining treatment for alcohol dependency.
Appeal allowed: errors corrected, sentences restructured. KHALOUF, Ali - NSW SC, O'Keefe J, 29.1.2002Citation: R v Khalouf  NSWSC 19Remarks on Sentence. Applicant on remand, facing committal proceedings following threatening 3 youths with a firearm as well as a large number of people at a hotel.
Evidence was received from one witness, whereupon the Crown commenced cross examination of that witness.
Objection was taken on the grounds of self-incrimination.
GBH with intent to murder; additional offence of AOABH taken into account.19y 8m with NPP of 14y 9m.
On 3 occasions the quantity supplied was half a gram for which applicant received for each deal.
The sentencing judge intended to impose head sentences totalling 28 years and NPPs totalling 15 years, both commencing on .
However, the sentences for each of the offences in Indictment 2 commence on a different and later date from the NPP in respect of such offence.
Because hair follicles, sweat glands & sebaceous glands have been destroyed, she has problems with temperature control. Guilty plea - 'worst case' category - whether sentencing error - R v Thomson & Houlton (2000) 49 NSWLR 383 - contrition - subjective features - weight given. BIKIC, Ned - CCA, Giles JA, Sully & Levine JJCitation: R v Bikic  NSWCCA 537Conviction appeal.1 x murder; 1 x manslaughter.
(See R v Bikic  NSWSC 571 for details.)Appellant sought to place before the CCA new evidence from participants in the above offences to the effect that appellant was not present at the time of the offences or that they did not see him when the shootings occurred.
HOFER, Rudolph - CCA, Wood CJ at CL, Sperling JCitation: R v Hofer  NSWCCA 544Sentence appeal.