NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : Regina v Mark Andrew Grech [1999] NSWCCA 268 FILE NUMBER(S) : CCA 60252 of 1998 HEARING DATE(S) : 6 August 1999 JUDGMENT DATE : 6 September 1999
REGINA
PARTIES : v
MARK ANDREW GRECH JUDGMENT OF : Levine J at 1; Carruthers AJ at 2
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/21/2214 LOWER COURT JUDICIAL OFFICER : Sides DCJ
M Ierace (Applicant) COUNSEL : R D Ellis (Crown) T A Murphy (Applicant) SOLICITORS : C K Smith (Crown) CATCHWORDS : Criminal Law - appeal against severity of sentence - person in authority having sexual intercourse with person who has intellectual disability - Crimes Act 1900 (NSW) s 66F - importance of deterrence - relevance of alleged mutual loving relationship - whether a matter of aggravation or amelioration ACTS CITED : Regina v Moore (CCA, unreported, 12 April 1994) Regina v Parsons (CCA, unreported, 17 December 1990) CASES CITED: Crimes Act 1900 (NSW) s 66F DECISION : See paragraph 38
IN THE COURT OF CRIMINAL APPEAL
60252/98
LEVINE J CARRUTHERS AJ
MONDAY 6 SEPTEMBER 1999
REGINA v MARK ANDREW GRECH
LEVINE J: 1 With what Carruthers AJ has said, I am in complete agreement. The orders will be as proposed by him, namely that leave to appeal be granted but the appeal be dismissed.
IN THE COURT OF CRIMINAL APPEAL
60252/98
LEVINE J CARRUTHERS AJ MONDAY 6 SEPTEMBER 1999
REGINA v MARK ANDREW GRECH 2 CARRUTHERS AJ: Mark Andrew Grech seeks leave to appeal against sentences imposed upon him by his Honour Judge Sides QC at the Liverpool District Court on 28 April 1998 following the applicant's conviction of two offences under s 66F(2) of the Crimes Act 1900 as amended (the Act). In respect of each count, his Honour sentenced the applicant to a minimum term of three years penal servitude to commence on 28 April 1998 and to expire on 27 April 2001. His Honour imposed an additional term of two years to commence on 28 April 2001 and to expire on 27 April 2003. 3 Section 66F is in the following terms: "66F Sexual intercourse---intellectual disability
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