NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Lupton v Regina [2003] NSWCCA 200 HEARING DATE(S) : 17/7/03 JUDGMENT DATE : 20 August 2003
JUDGMENT OF : Sheller JA at 1; James J at 2; O'Keefe J at 3 DECISION : 1. Leave to appeal granted; 2. Appeal dismissed.
CATCHWORDS : Appeal against sentence - Sexual assault - Two separate committals - Multiple counts in each committal - Complaints by victims - Voluntary disclosures by applicant - Offences committed over substantial period - Aggravation - Person in authority - Stepfather - Discount for plea of guilty - Discount for voluntary disclosure - Relationship between overall sentence and non parole period - Power of Court to impose non parole period greater than three quarters of the term of the head sentence - Special circumstances - Finding of special circumstances not mandatory, depends on all the circumstances. Crimes Act 1900 - ss 61, 66 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 - s 44 Criminal Appeal Act 1912 Power v The Queen (1973) 131 CLR 623 Regina v Bushby (1977) 1 NSWLR 594 CASES CITED : Regina v Cuthbert (1967) 86 W.N. (Pt 1) (NSW) 272 Regina v Simpson (2001) 53 NSWLR 704 Rex v Geddes (1936) 36 SR (NSW) 554 PARTIES : Peter Barry Lupton Regina FILE NUMBER(S) : CCA 60093/03 COUNSEL : Crown: Mr D Frearson Applicant: Mr S Corish SOLICITORS : Crown: S E O'Connor - Solicitor for Public Prosecutions Applicant: D J Humphries - Legal Aid Commission (NSW)
LOWER COURT District Court JURISDICTION : LOWER COURT 00/31/0187; 99/31/0429 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :
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