R v Anthony TALLY [2009] NSWDC 367

New South Wales District Court

CITATION: R v Anthony TALLY [2009] NSWDC 367

HEARING DATE(S): 10 December 2009

JUDGMENT DATE: 10 December 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment for each offence.

CATCHWORDS: CRIMINAL LAW - Sentence - Form 1 - Aggravated sexual assault - Break enter and steal

LEGISLATION CITED: Crimes Act 1900

PARTIES: The Crown Anthony Tally

FILE NUMBER(S): DC 08/11/1948

COUNSEL: Ms C Manuell SC - Offender

SOLICITORS: Director of Public Prosecutions Crawford and Duncan Lawyers - Offender

JUDGMENT

1 HIS HONOUR: Anthony Tally is to be sentenced today for a number of offences committed some distance apart in time. The first of those offences occurred as long ago as 17 August 1997. The reason that it is being prosecuted after such a lengthy delay is because that it was through the use of DNA analysis that the offender was detected as being the person responsible for the most serious offence and his DNA sample was only taken for comparison comparatively recently. The fact that it was committed so long ago and that I am sentencing him now after a lapse of more than twelve years produces a number of relevant considerations.

2 A victim impact statement was read by the victim of the matter. Her distress at the offence and the consequences for her of an offence committed so long ago was apparent even to this day. The reaction of Ms M, the victim of that offence and the consequences for her as reported in the victim impact statement confirm in a most graphic way the assumption that has been made by Judges from time to time that the consequences of offending of this type are long lasting and likely permanent. Ms M feels the results of the offenders conduct deeply to this day. It has affected her irrevocably.