R v AJC [2001] NSWCCA 388

New South Wales Court of Criminal Appeal

CITATION : R v AJC [2001] NSWCCA 388 FILE NUMBER(S) : CCA 60774/00 HEARING DATE(S) : 6/8/2001 JUDGMENT DATE : 6 August 2001

PARTIES : Regina AJC JUDGMENT OF : Dowd J at 1; Smart AJ at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0499 LOWER COURT JUDICIAL Naughton DCJ OFFICER :

COUNSEL : Ms CJ Lyons- Applicant Ms EA Wilkins- Crown SOLICITORS : Mr DJ Humphreys- Applicant Mr SE O'Connor- Crown CATCHWORDS : Appeal against severity of sentence - Sexual assault - Indecent assault - Unlawful entry onto premises - Rehabilitation Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Enclosed Lands Protection Act 1901 Justices Act 1902 CASES CITED: R v GDR (1994) 35 NSWLR 376. DECISION : 1. Leave to appeal granted; 2. The appeals against the sentence of fifteen months on Count 6 commencing on 10 November 2000 imposed for an aggravated act of indecency, taking into account the Form 1 offences, is dismissed; 3. The appeal against the sentence of nine months, commencing on 10 November 2000 imposed for an aggravated act of indecency, is dismissed; 4. The appeal against the sentence of nine months, commencing on 10 February 2002 for an act of indecency is dismissed; and 5. The appeal against the sentences of sixteen months imprisonment concurrent with a non-parole period of twelve months, commencing on 10 November 2002 on each of the four charges of indecent assault, is allowed in part. I dismiss the appeal against the head sentence of sixteen months, and vary the non-parole period on each of those four sentences from twelve months to six months, commencing on 10 November 2002 and expiring on 9 May 2003.