Regina v Hayes [2001] NSWCCA 410

New South Wales Court of Criminal Appeal

CITATION : Regina v Hayes [2001] NSWCCA 410 FILE NUMBER(S) : CCA 60223/00 HEARING DATE(S) : Wednesday 10 October 2001 JUDGMENT DATE : 10 October 2001

PARTIES : Regina v Jon Charles Hayes JUDGMENT OF : Grove J at 1; Howie J at 17

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0403 LOWER COURT JUDICIAL Job DCJ OFFICER :

COUNSEL : P.G. Bergman (Crown) In person (Applicant) SOLICITORS : S.E. O'Connor (Crown) CATCHWORDS : CRIMINAL LAW AND PROCEDURE - SENTENCE - SEXUAL OFFENCES - "RANGE" - COMMENT ON PUBLISHED SENTENCE STATISTICS AND THEIR USE DECISION : APPEAL DISMISSED

IN THE COURT OF CRIMINAL APPEAL 60223/00 GROVE J HOWIE J

Wednesday 10 October 2001 REGINA v JON CHARLES HAYES

JUDGMENT

1 GROVE J: This is an application for leave to appeal against the severity of sentence imposed by Job DCJ in the Gosford District Court.

2 The applicant was born in 1942 and is therefore fifty nine years of age. The offences occurred in a range of time between 1984 and 1985. He was sentenced in respect of eleven counts of a variety of sexual offences against two victims. The precise details of the offences are set out in Job DCJ's remarks on sentence and there is no need for repetition.

3 The applicant has in response to the Registrar's direction provided some submissions in writing in relation to this appeal to which I will in due course turn. Upon receipt of written submissions on behalf of the Crown he has supplemented what he had earlier written with some further material.

4 I should observe that the effect of the various sentences imposed in respect of the eleven counts is a total of a six year term with a minimum term of four years.