REGINA v NAL [2002] NSWCCA 346

New South Wales Court of Criminal Appeal

CITATION : REGINA v NAL [2002] NSWCCA 346 FILE NUMBER(S) : CCA 60913/01 HEARING DATE(S) : 14 August 2002 JUDGMENT DATE : 14 August 2002

Regina

PARTIES : v

NAL JUDGMENT OF : Hidden J at 5; Adams J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/61/0039 LOWER COURT JUDICIAL McGuire DCJ OFFICER :

COUNSEL : R A Hulme (Crown) H K Dhanji (Applicant) SOLICITORS : S E O'Connor (Crown) Carbone Anderson (Applicant)

DECISION : Application for leave to appeal dismissed

IN THE COURT OF CRIMINAL APPEAL 60913/01

HIDDEN J ADAMS J

WEDNESDAY 14 AUGUST 2002 REGINA v N A L

Judgment 1 ADAMS J: The applicant was convicted of one count of sexual intercourse without consent in circumstances of aggravation, the aggravation being that the victim, his step-daughter, was under the age of 16, namely 13 years at the time of the offence, which was committed between March and June 1997 upon. The sexual intercourse was digital penetration. 2 Following conviction after a trial, the applicant on 30 November 2001 was sentenced to imprisonment for three years and three months with a non-parole period of two years. The sentence was ordered to commence on 31 August 2002, that is to say, it was cumulative on a non-parole period imposed upon him in virtue of two other sexual crimes for which he had been sentenced by another Judge on 20 October 2000. Those crimes occurred in early and mid 1996. 3 A number of grounds were argued which arose from some ambiguities in his Honour's reasons for judgment. It is sufficient to say that those grounds are not made out, but at all events I am satisfied that no other sentence is warranted by law. 4 Accordingly, I propose that the application for leave to appeal should be dismissed. 5 HIDDEN J: I agree. The order of the Court will be that proposed by Adams J. **********