R v H [2001] NSWCCA 117

New South Wales Court of Criminal Appeal

CITATION : R v H [2001] NSWCCA 117 FILE NUMBER(S) : CCA 60284 of 2000 HEARING DATE(S) : 30 March 2001 JUDGMENT DATE : 30 March 2001

PARTIES : Regina MH JUDGMENT OF : Wood CJ at CL at 1; Greg James J at 52

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0134 LOWER COURT JUDICIAL Job DCJ OFFICER :

COUNSEL : Mr. M. Marien (C) Ms Burgess (A) SOLICITORS : SE. O'Connor D.J. Humphreys CATCHWORDS : CRIMINAL LAW - appeal - appeal against sentence - sexual assault - indecent assault of a child - applicant sentenced on facts not particularised - uncharged offences inappropriately taken into account - failure to give proper weight to pleas and confessions - failure to quantify discount LEGISLATION CITED : Crimes Act 1900 ss 61 M (1), 61 O (1), 66 C (2), Criminal Procedure Act 1986 s 58(9) DECISION : Leave to appeal granted. Apeal dismissed. Sentences below confirmed.

IN THE COURT OF CRIMINAL APPEAL

No. 60284 of 2000

WOOD CJ at CL Greg James J 30 March 2001 Regina v MH JUDGMENT

The applicant pleaded guilty to three counts of sexual intercourse with a child aged between 10 and 16 in circumstances of aggravation, namely that the victim was under his authority, pursuant to s 66 C (2) Crimes Act 1900. The applicant also pleaded guilty to the commission of an act of indecency with the same victim. Six other offences were included on Form 1. None of these acts were disputed by the applicant when he gave evidence. The applicant was sentenced to an effective head sentence of seven and a half years imprisonment