Regina v Barry [2001] NSWCCA 304

New South Wales Court of Criminal Appeal

CITATION : Regina v Barry [2001] NSWCCA 304 FILE NUMBER(S) : CCA 60707/99 HEARING DATE(S) : 10 August 2001 JUDGMENT DATE : 10 August 2001

PARTIES : Regina v Maxwell Raymond Barry JUDGMENT OF : Dowd J at 35; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/08/10 LOWER COURT JUDICIAL Ainslie-Wallace DCJ OFFICER :

COUNSEL : (A) D A Wetmore (C) M C Grogan SOLICITORS : (A) Crichton-Brownes (C) S E O'Connor CATCHWORDS : Sentencing - 3 offences of buggery involving children - concurrent sentences of 8 years with a non-parole period of 5 years not excessive LEGISLATION CITED : Crimes (Sentencing Procedure Act) 1999 CASES CITED: BJW (2000) 112 A Crim R 1 R v Pritchard (1999) 107 A Crim R 88 DECISION : Application for leave to appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

060707/99 DOWD J SMART AJ Friday, 10 August 2001 REGINA v MAXWELL RAYMOND BARRY JUDGMENT

1 SMART AJ : Maxwell Raymond Barry seeks leave to appeal against the following concurrent sentences of imprisonment on each of the counts mentioned: Counts 5 and 10, buggery, 8 years with a non-parole period of five years; count 12, buggery, five years fixed term. The initial notice of appeal also covered the other counts on which the applicant was sentenced, but Mr Wetmore for Mr Barry has said that he is concerned with the sentences on the buggery counts and in particular with the minimum terms which he submits are excessive. The other counts included counts 1 and 6, indecent assault, six months fixed term; count 2, assault, six months fixed term; counts 3, 7, 8, 9 and 11, indecent assault, two years fixed term; count 4, indecent assault, nine months fixed term; count 13, indecent assault, one year fixed term; counts 14 and 15, commit act of indecency, one year fixed term.