R v MBB [2001] NSWCCA 354

New South Wales Court of Criminal Appeal

CITATION : R v MBB [2001] NSWCCA 354 FILE NUMBER(S) : CCA 60600/00 HEARING DATE(S) : 8/8/2001 JUDGMENT DATE : 12 October 2001

PARTIES : Regina MBB JUDGMENT OF : Dowd J at 1; Smart AJ at 25

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/1081 LOWER COURT JUDICIAL Knight DCJ OFFICER :

COUNSEL : Mr S Odgers- Applicant Mr DML Woodburne- Crown SOLICITORS : DJ Humphreys- Applicant SE O'Connor- Crown CATCHWORDS : Appeal against severity of sentence - Aggravated sexual assault - Aggravated indecent assault - Seriousness of offence - Subjective factors - Rehabilitation - Youth of offender LEGISLATION CITED : Children's Criminal Proceedings Act 1987 Crimes Act 1900 CASES CITED: - DECISION : 1. Leave to appeal granted, and 2. Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL 60600/00 DOWD J SMART AJ

12 October 2001 Regina v MBB

JUDGMENT

1 DOWD J: The applicant seeks leave to appeal against the sentence imposed by Knight DCJ on 31 August 2000, after a plea entered by the applicant to a count of aggravated sexual assault, contrary to s61J(1) of the Crimes Act 1900 ('the Act'), which offence carries a maximum penalty of twenty years imprisonment, and to a further count of aggravated indecent assault contrary to s61M(1) of the Act, which offence carries a maximum penalty of seven years imprisonment. 2 On the first count, the applicant was sentenced to four years and nine months imprisonment, to commence on the date of sentence expiring on 30 May 2005, with a non-parole period of two years and three months to expire on 30 November 2002, on certain parole terms and conditions. His Honour found that there were special circumstances to warrant the reduction of the non-parole period below three-quarters of the full sentence. 3 On the aggravated indecent assault count, the applicant was imprisoned for a fixed term of two years from the date of sentence. 4 The female victim, who was fourteen years of age, left the grounds of her school and walked to Plumpton Park. After some time, she sat at a picnic table reading and writing. She saw two people walking through the park towards the toilets. A little later a male (the applicant) came up to her and asked: "Do you have a lighter?"