NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v MJK [2001] NSWCCA 325 FILE NUMBER(S) : CCA 60607/00 HEARING DATE(S) : 8 August 2001 JUDGMENT DATE : 30 August 2001
PARTIES : Regina v MJK JUDGMENT OF : Dowd J at 51; Smart AJ at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0154 LOWER COURT JUDICIAL Woods DCJ OFFICER :
COUNSEL : (A) S J Odgers SC (C) D M L Woodburne SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - series of sexual offences - application of principles of totality LEGISLATION CITED : Nil CASES CITED: Nil DECISION : See para 50
IN THE COURT OF CRIMINAL APPEAL
60607/00
DOWD J SMART AJ
Thursday, 30 August 2001 REGINA v MJK
JUDGMENT
1 SMART AJ : MJK seeks leave to appeal against the following sentences:
Count 1
Sexual intercourse with CO, a girl aged 14, on 6/8/98 and taking into account:
(a) sexual intercourse with CO on 28/9/98 (b) sexual intercourse with CO on 6/5/99
2 years 3 months fixed term from 26/8/99 to 25/11/01
Count 2
Sexual intercourse with JT, a girl aged 15, between 8/6/99 and 11/6/99 and taking into account
(a) sexual intercourse with JT between 9/5/99 and 8/6/99
2 years 3 months fixed term from 26/11/01 to 25/2/04
Count 3
Homosexual intercourse with SC between 8/6/99 and 11/6/99
2 years 3 months fixed term from 26/2/04 to 25/5/06
Count 4
Aggravated intercourse without consent with KL, a seriously intellectually disabled girl, on 25/8/99 and taking into account
(a) aggravated act of indecency on KL on 25/8/99 (b) aggravated indecent assault on KL on 25/8/99
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