Regina v CJB [2000] NSWCCA 161

New South Wales Court of Criminal Appeal

CITATION : Regina v CJB [2000] NSWCCA 161 FILE NUMBER(S) : CCA 60172/99 HEARING DATE(S) : 5th May 2000 JUDGMENT DATE : 5 May 2000

PARTIES : Regina v CJB JUDGMENT OF : Hulme J at 1; Carruthers AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0395 LOWER COURT JUDICIAL Job DCJ OFFICER :

COUNSEL : L M B Lamprati - Crown SOLICITORS : S E O'Connor - Crown CATCHWORDS : Criminal law - sentence appeal - multiple offences - complaint that last sentence had been accumulated on earlier concurrent sentences. LEGISLATION CITED : Crimes Act 1900, ss 66C(2), 73 CASES CITED: Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 DECISION : Application for leave to appeal is refused.

IN THE COURT OF CRIMINAL APPEAL 60172/99

HULME J CARRUTHERS AJ Friday, 5 May 2000

REGINA v CJB

JUDGMENT

1 HULME J: The court orders that there be no publication of any part of these proceedings in a fashion which will serve to identify the complainant or her children, and in particular, orders that in any publication of these proceedings, the applicant can be referred to as "CJB"

2 CARRUTHERS AJ: The applicant seeks leave to appeal from sentences imposed upon him by his Honour Judge Job QC at the Newcastle District Court on 29 October 1998.

3 The applicant had earlier pleaded guilty to an indictment containing eight counts. Counts 1-7 were under Section 66C(2) of the Crimes Act 1900 - sexual intercourse with a child between ten and 16 years by a person in authority. This offence carries a maximum penalty of penal servitude for ten years.