NSW Caselaw
Reported Decision : [2000] 112 A Crim R 1
New South Wales Court of Criminal Appeal
CITATION : R v BJW [2000] NSWCCA 60 FILE NUMBER(S) : CCA 60466/99 HEARING DATE(S) : 7 March 2000 JUDGMENT DATE : 14 March 2000
PARTIES : Crown - Appellant BJW - Respondent JUDGMENT OF : Sheller JA at 1; James J at 35; Dowd J at 36
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/1157 LOWER COURT JUDICIAL Acting Judge Ford QC OFFICER :
COUNSEL : Crown - C K Maxwell QC Respondent - M Ierace SC SOLICITORS : Crown - S E O'Connor Respondent - T A Murphy CATCHWORDS : CRIMINAL LAW AND PROCEDURE - CROWN APPEAL - INADEQUACY OF SENTENCE - MULTIPLE SEXUAL OFFENCES AGAINST STEP-DAUGHTER - OFFENDER'S HEALTH AND EFFECT OF CUSTODY LEGISLATION CITED : Crimes Act 1900 R v Gebrail (unreported CCA 18.11.94 R v Skinner (1994) 72 A CrimR 151 R v Hudson (unreported) CCA 30.7.98 R v Bamford (unreported) CCA 23.7.91 R v PWH (unreported) CCA 20.2.92 R v L (unreported) CCA 17.6.96 CASES CITED: R v Smith (1987) 44 SASR 587 R v Sopher (1993) 70 A CrimR 570 Everett v The Queen (1994) 181 CLR 295 Griffiths v The Queen (1977) 137 CLR 293 R v Barbara (unreported) CCA 24.2.97 House v The King (1936) 55 CLR 499 R v Dodd (1991) 57 A CrimR 349 DECISION : 1. Appeal allowed; 2. Sentences imposed by his Honour Judge Ford on 18 June 1999 in respect of counts 2, 3, and 4 be quashed; 3. In lieu thereof ; (a) on count 3 the respondent is sentenced to 5 years penal servitude consisting of a minimum term of 3 years and 9 months commencing on 21 May 1999 and expiring on 20 February 2003 on which date the respondent will be eligible to parole and an additional term of 1 year and 3 months commencing on 21 February 2003; (b) on counts 2 and 4 the respondent is sentenced to fixed terms of 3 years and 9 months commencing on 21 May 1999 and expiring on 20 February 2003; 4. The sentences imposed by Judge Ford in respect of counts 1, 5 and 7 are confirmed; 5. The sentences imposed or confirmed by this Court are to be served concurrently.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate