R v SG [2003] NSWCCA 220

New South Wales Court of Criminal Appeal

CITATION : R v SG [2003] NSWCCA 220 HEARING DATE(S) : 4 August 2003 JUDGMENT DATE : 4 August 2003

JUDGMENT OF : Wood CJ at CL at 1, 44; Simpson J at 42; Adams J at 43 DECISION : Leave to appeal against sentence granted. Appeal allowed. Sentences imposed in the District Court are quashed. The applicant was re-sentenced as follows; Counts 1 and 2: fixed terms of imprisonment for 9 months, to date from 8 November 2002, those sentences to be served concurrently; Counts 3 and 4: fixed terms of imprisonment for 9 months, to be served concurrently, and also to date from 8 November 2002; Counts 5 and 6: fixed terms of imprisonment, each for 12 months, to be served concurrently, and also to date from 8 November 2002; Count 7: fixed term of imprisonment for 12 months, to be served from 8 November 2002.

CATCHWORDS : CRIMINAL LAW - Sentence Appeal - sexual intercourse with a person under the age of 16 years - plea of not guilty - whether sentencing judge gave sufficient weight to delay, rehabilitation, character and subjective material - whether sentence manifestly excessive - whether calculation of sentences offended Pearce v The Queen. LEGISLATION CITED : Crimes Act 1900 Cheung v The Queen (2001) 76 ALJR 133 Pearce v The Queen (1998) 194 CLR 610 CASES CITED : Regina v Doan (2000) 50 NSWLR 115 Regina v Isaacs (1997) 41 NSWLR 374 Regina v Sewell (2002) NSWCCA 453 Siganto v The Queen (1998) 194 CLR 656 PARTIES : Regina SG FILE NUMBER(S) : CCA 60160/03 COUNSEL : D Arnott (Crown) M. Marty SOLICITORS : S E O'Connor (Crown) D J Humphreys