R v Ball [2001] NSWCCA 352

New South Wales Court of Criminal Appeal

CITATION : R v Ball [2001] NSWCCA 352 revised - 4/10/2001 FILE NUMBER(S) : CCA 60512/98 HEARING DATE(S) : 05/09/01 JUDGMENT DATE : 5 September 2001

PARTIES : Regina v Lawrence Elwyn Ball JUDGMENT OF : Bell J at 33,35; Howie J at 34; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/11/0843 LOWER COURT JUDICIAL Bellear DCJ OFFICER :

COUNSEL : (A) In Person (C) P G Berman SC SOLICITORS : (A) In Person (C) S E O'Connor CATCHWORDS : Failure to give a direction in accordance with Longman v The Queen (1989) 168 CLR 79 at 90-91 where lengthy delay and Crown case depended on complainant - adjustment of sentences on other matters to accommodate new trial on certain offences LEGISLATION CITED : Nil Longman v The Queen (1989) 168 CLR 79 at 90 to 91 CASES CITED: R v Crampton (2001) 65 ALJR 140-141 Doggett v The Queen [2001) HCA 46 DECISION : See paras 30-32 of judgment

IN THE COURT OF CRIMINAL APPEAL

60512/98 BELL J HOWIE J SMART AJ Wednesday 5 September 2001 REGINA v LAWRENCE ELWYN BALL

JUDGMENT

1 BELL J: Smart AJ will give the first judgment in this matter.

2 SMART AJ: Lawrence Elwyn Ball seeks an extension of time and leave to appeal against his conviction of one count of buggery in 1980 and three counts of indecent assault in 1980 to 1981 upon WJD, who was born on 11 June 1965. He also seeks leave to appeal against the severity of his sentence.

3 He was sentenced to a fixed term of imprisonment of four years, to commence on 4 November 1997, for the offence of buggery, and a minimum term of one year six months, commencing on 4 November 2001 and expiring on 3 May 2003, with an additional term of 12 months starting on 4 May 2003, on each of the three counts of indecent sexual assault.