Appeal of VPS [2007] NSWDC 320

New South Wales District Court

CITATION: Appeal of VPS [2007] NSWDC 320

HEARING DATE(S): 1 August 2007

JUDGMENT DATE: 30 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Allow appeal. Vary sentences imposed in the Local Court on each offence to six months fixed term imprisonment. Direct concurrent sentences be deemed to commence on 3 May 2007 and expire on 2 November 2007. Confirm disqualification.

CATCHWORDS: CRIMINAL LAW - Sentencing - conviction - sexual offences - carnal knowledge

Crimes (Sentencing Procedure) Act 1999 Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Child Welfare Act 1939 Crimes Act 1900 Criminal Records Act 1991

CASES CITED: Ceissman v Donovan [1983] 2 NSWLR 491 Griffiths v The Queen (1977) 137 CLR 293

PARTIES: VPS (Appellant) NSW DPP (Respondent)

FILE NUMBER(S): 07/12/0262

COUNSEL: M Nicholson, solicitor (Appellant) G Steedman, solicitor (Respondent)

SOLICITORS: Mark Nicholson NSW DPP

JUDGMENT

1 This matter came before me on appeal from the Local Court on 1 August 2007, which is nearly four months ago. It came before this Court for the first time in May this year, and the offender has been on conditional liberty at least since the date of his conviction in the Local Court, on 22 February this year.

2 Since the matter has been before me, it has been formally adjourned twice, and delayed on other occasions at the request of the Department of Corrective Services, who apparently have had difficulty in preparing reports.

3 The appellant appealed from sentences, which were substantial terms of full-time custody, imposed in the Local Court. He was convicted on what, at first glance, seems to be a relatively minor traffic charge. The offence was driving while disqualified.