Regina v O.O [2002] NSWCCA 416

New South Wales Court of Criminal Appeal

CITATION : Regina v O.O [2002] NSWCCA 416 FILE NUMBER(S) : CCA 60367/01 HEARING DATE(S) : 8 October 2002 JUDGMENT DATE : 8 October 2002

PARTIES : Regina O.O JUDGMENT OF : Sully J at 1; Howie J at 30

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0290 LOWER COURT JUDICIAL Christie DCJ OFFICER :

COUNSEL : D. Woodburne - Crown C. Craigie SC/C. Loukas - Appellant SOLICITORS : S. E. O'Connor - Crown Joanne Harris - Appellant

LEGISLATION CITED : Crimes Act 1900 (NSW) CASES CITED: Veen v The Queen (No. 2) (1988) 164 CLR 465 DECISION : Leave to appeal granted; Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL 60637/01

SULLY J HOWIE J

Tuesday 8 October 2002 REGINA v O.O Judgment 1 SULLY J: This is an application for leave to appeal against sentence. There were two victims: one a girl aged about 9 and the other a boy aged about 11. Because of the ages of the victims, and because of the nature of the particular matters with which the Court is presently to deal, the Court has ordered that the victims will be known: as to the female, only by the initial K; and as to the male, only by the initial H. In order to preserve the integrity of that order, the applicant himself will be identified only by the initial O. 2 The applicant appears to have first come to the District Court in connection with the matters now in issue on 12 April 2001. He appeared on that occasion before the Chief Judge of the District Court, and appeared in person, in circumstances which are not entirely clear from the material before this Court. 3 The matter was adjourned to 19 April 2001. On that date the Chief Judge adjourned the matter until 10 May, and directed the preparation of a psychiatric report. Such a report was prepared; and in due course it will be necessary to say something about it. 4 On 10 May the applicant was formerly arraigned upon an indictment containing three counts. 5 The first count charged that between particular dates and at a particular place he had sexual intercourse with K, she being at that time under the age of 10 years, namely, the age of nine years. The second count charged that between stated dates and at the same place he had assaulted H, thereby occasioning to him actual bodily harm. The third count charged that between particular dates and at the same place he had assaulted H. 6 To each of those counts the applicant pleaded guilty. In due course, he stood for sentence on 7 June 2001 before his Honour Judge Christie. His Honour passed three concurrent sentences. 7 In respect of the first count his Honour sentenced the applicant to imprisonment for six years and fixed a non parole period of three years six months. In respect of the second count his Honour imposed a fixed term of imprisonment for 12 months to be served, as I have said, concurrently with the sentence passed in respect of the first count. On the third count his honour passed a fixed term of 14 days' imprisonment making that sentence, also, concurrent with the other two sentences. 8 The offence of sexual intercourse, which was the subject of count 1, contravenes s60A of the Crimes Act 1900 (NSW) and attracts upon conviction, and relevantly, a maximum penalty of imprisonment for 20 years.