NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Astles [2001] NSWCCA 235 FILE NUMBER(S) : CCA 60110/00 HEARING DATE(S) : 18 June 2001 JUDGMENT DATE : 29 June 2001
PARTIES : Christopher Astles - Applicant Crown - Respondent JUDGMENT OF : Simpson J at 1; Smart AJ at 46
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/0203; 99/21/0202 LOWER COURT JUDICIAL Nield DCJ OFFICER :
COUNSEL : P M Winch - Applicant M C Grogan - Crown Respondent SOLICITORS : D J Humphreys - Applicant S E O'Connor - Crown Respondent CATCHWORDS : Criminal law - sentence - appeal - whether manifestly excessive - guilty plea. Criminal Procedure Act 1986 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Traffic Act 1909 Pearce v R (1998) 194 CLR 610 CASES CITED: R v Thomson and Houlton [2000] 40 NSWLR 383 R v Letteri (unreported NSWCCA 18 March 1992 DECISION : Leave to appeal granted - appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL 60110/00
SIMPSON J SMART AJ
29 June 2000
REGINA v Christopher ASTLES Judgment
SIMPSON J : 1 On 12 November 1999 the applicant entered pleas of guilty to one count of detaining a person for advantage, two counts of sexual intercourse without consent and one count of aggravated break and enter and commit a felony. In addition he asked that three further counts of sexual intercourse without consent, one count of break, enter and steal, one count of stealing a motor vehicle and one of driving in a manner dangerous to the public be taken into account pursuant to s 21 of the Criminal Procedure Act 1986 (now s 33 of the Crimes (Sentencing Procedure) Act (1999). 2 On 2 March 2000 Judge Nield sentenced the applicant. Having regard to the requirements of Pearce v R (1998) 194 CLR 610, his Honour considered and fixed sentences in relation to each individual offence and then determined the questions of concurrence and totality. The precise mechanism by which he resolved this aspect of the sentencing will be detailed below. The total term of imprisonment he imposed was of thirteen years and four months made up of a minimum term of ten years and an additional term of three years and four months. The applicant seeks leave to appeal against the severity of the sentences.
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