The Court of Appeal (Fryberg and Mullins JJ, McMurdo P dissenting in part) dismissed the application for leave to appeal against sentence, holding that the sentence including the serious violent offence declaration under s 161B(3) of the Penalties and Sentences Act 1992 was not manifestly excessive. The Court left open the question of whether a declaration should be made regarding the operation of s 135(2) of the Corrective Services Act 2000 concerning eligibility for post-prison community based release where one of multiple concurrent sentences involves a serious violent offence declaration, granting both parties leave to make further written submissions on that issue.
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