Regina v W [2001] NSWCCA 172

New South Wales Court of Criminal Appeal

CITATION : Regina v W [2001] NSWCCA 172 FILE NUMBER(S) : CCA 60806/98 HEARING DATE(S) : 3 May 2001 JUDGMENT DATE : 3 May 2001

PARTIES : Regina W JUDGMENT OF : Mason P at 33; Sully J at 1; Dowd J at 34

LOWER COURT JURISDICTION : District Court 98/11/0080 LOWER COURT FILE NUMBER(S) : 98/11/0303

LOWER COURT JUDICIAL Patten DCJ OFFICER :

COUNSEL : P. Berman SC - Crown M. Connolly - Applicant SOLICITORS : S. E. O'Connor - Crown A. Mee Ling - Applicant

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Goodwin (1990) 51 A Crim R 328 CASES CITED: Astill No. 2 (1992) 64 A Crim R at 305 Gallagher (1991) 23 NSWLR 220 Fisk, unreported, CCA, 21 July 1998 DECISION : Application for leave to appeal granted; Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60806/98

MASON ACJ SULLY J DOWD J

3 May 2001

REGINA v W

JUDGMENT

1 SULLY J: The applicant seeks leave to appeal against the asserted severity of sentences of imprisonment that were passed upon him in the District Court at Sydney on 4 December 1998. The sentences were passed consequent upon pleas of guilty that the applicant had entered upon arraignment on 8 October 1998; and taking into account a further 11 offences scheduled for that purpose pursuant to the Criminal Procedure Act 1986 and the regulations made thereunder.

2 The indictment upon which the applicant was arraigned contained seven counts: one count of buggery; four counts of homosexual intercourse with a male under the age of 18 years; one count of attempted homosexual intercourse with a male under the age of 18 years; and one count of sexual intercourse without consent. Each count dealt with a separate, young, boy victim. One of the boys was aged about 17 at the material time; all the other boys were aged from about 13 to about 15.