Regina v ICC [2002] NSWCCA 119

New South Wales Court of Criminal Appeal

CITATION : Regina v ICC [2002] NSWCCA 119 FILE NUMBER(S) : CCA 60753/01 HEARING DATE(S) : 28 March 2002 JUDGMENT DATE : 28 March 2002

PARTIES : Regina v ICC JUDGMENT OF : Studdert J at 1,28; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 1/11/0495 LOWER COURT JUDICIAL R Woods ADCJ OFFICER :

COUNSEL : (A) G L Halsall (R) D M L Woodburne SOLICITORS : (A) Low and Associates (R) S E O'Connor CATCHWORDS : Sentences for serious sexual offences not excessive LEGISLATION CITED : Nil CASES CITED: Nil DECISION : Leave to appeal against sentence granted. Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL

60753/01 STUDDERT J SMART AJ

Thursday 28 March 2002

REGINA v ICC

JUDGMENT

1. STUDDERT J: I shall ask Mr Justice Smart to give the first judgment.

2. SMART AJ: [ICC] seeks leave to appeal against the alleged severity of concurrent sentences of imprisonment of four years, six months with a non-parole period of three years, four months and 13 days on each of two counts of aggravated sexual intercourse without consent and under authority, and a concurrent sentence of imprisonment of three years with a non-parole period of two years three months on one count of aggravated indecent assault under authority. The judge took into account on the charges of aggravated sexual assault without consent, 10 charges of aggravated indecent assault, one of aggravated indecency and one of aggravated sexual assault. The applicant pleaded guilty upon arraignment.

3. The applicant is the father of the female victim who was born on 6 September 1983.