Regina v Heptonstall [1999] NSWCCA 54

New South Wales Court of Criminal Appeal CITATION : Regina v Heptonstall [1999] NSWCCA 54 revised - 25/03/99 FILE NUMBER(S) : CCA 60336/98 HEARING DATE(S) : 10 March; 1999 JUDGMENT DATE : 10 March 1999

PARTIES : REGINA v Murray HEPTONSTALL JUDGMENT OF : Simpson J; Smart AJ

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Downs DCJ

COUNSEL : R Burgess for the Appellant L M B Lamprati for the Crown SOLICITORS : T A Murphy for the Appellant S E O'Connor for the Crown CATCHWORDS : Severity of Sentences. Indecent assault. Sexual intercourse; without consent with a child. s61D(1) of the Crimes Act (now repealed) ACTS CITED : S61E(1) of the Crimes Act (now repealed) s5 of the Sentencing Act. DECISION : Leave to appeal granted. Confirm the concurrent fixed term sentence of 3 years on each of counts 1,6,7,8 and 9 and the fixed term sentence of 3 years on each of counts 10 and 11. The sentences on counts 10 and 11 are to be concurrent but cumulative on the sentences on counts 1,6,7,8 and 9. Appeals against the sentences on counts 1,6,7,8,9,10 and 11 (indecent assault on a child under 16) dismissed. In lieu of the sentences imposed on counts 2,3,4 and 5 (sexual intercourse without consent with a child under 16) the applicant is sentenced to a minimum term of penal servitude on each count of 4 years and 3 months commencing 15 December 2000 and ending 15 March 2005 with an additional term of 2 years and 5 months commencing 16 March 2005 and expiring 13 August 2007. The applicant is eligible for release on parole on 16 March 2005.

IN THE COURT OF CRIMINAL APPEAL 60336/98 SIMPSON J SMART AJ