Regina v BEG [2001] NSWCCA 341

New South Wales Court of Criminal Appeal

CITATION : Regina v BEG [2001] NSWCCA 341 revised - 25/10/2001 FILE NUMBER(S) : CCA 60390/00 HEARING DATE(S) : 2 July 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Regina v BEG JUDGMENT OF : Adams J at 31; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/3332 LOWER COURT JUDICIAL Ford ADCJ OFFICER :

COUNSEL : (A) Applicant in person (C) L M B Lampratti SOLICITORS : (A) Applicant in person (C) S E O'Connor CATCHWORDS : Sentencing - Health problems in existence at time of sentencing but effect of dealing with them in custody not sufficiently appreciated - need for intensive care and treatment LEGISLATION CITED : Nil R v Munday (1981) 2 NSWLR 177 CASES CITED: R v Vachalec (1981) 1 NSWLR 351 R v Ehrenburg CCA unrep 14/12/90 DECISION : Appeal against term of imprisonment of 5 years on each count dismissed - Vary the non-parole period on each count from 3 years to 2 years 3 months so that it commences on 19 May 2000 and ends on 18 August 2002

IN THE COURT OF CRIMINAL APPEAL

60390/00 ADAMS J SMART AJ

Friday 7 September 2001

NOT FOR PUBLICATION

REGINA v "BEG"

JUDGMENT

1 SMART AJ : BEG seeks an extension of time and leave to appeal against two concurrent sentences of imprisonment of 5 years with a non-parole period of 3 years in respect of each of two counts of aggravated sexual intercourse without consent. The sentences commenced on 19 May 2000. The applicant pleaded guilty to each count at the first opportunity. The circumstances of aggravation are that each of the two children involved was under 16 and under the applicant's authority.