REGINA v DCU [2003] NSWCCA 173

New South Wales Court of Criminal Appeal

CITATION : REGINA v DCU [2003] NSWCCA 173 HEARING DATE(S) : 26/06/03 JUDGMENT DATE : 27 June 2003

JUDGMENT OF : Meagher JA at 1; Dowd J at 2; Barr J at 33 DECISION : Appeal against conviction dismissed; leave to appeal sentence refused.

CATCHWORDS : Conviction appeal - incompetence of counsel - inadequate directions - unreasonable and insupportable. LEGISLATION CITED : Crimes Act 1900 Longman v R (1989) 168 CLR 79 CASES CITED : Jones v R (1997) 191 CLR 439 TKWJ v R (2002) 76 ALJR 1579 PARTIES : Crown Appellant's name suppressed FILE NUMBER(S) : CCA 60092/02 COUNSEL : W. Terracini SC (Appellant) G. Rowling (Crown) SOLICITORS : DJ Humphreys (Appellant) SE O'Connor (Crown)

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0885 FILE NUMBER(S) : LOWER COURT Downs ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60092/02

MEAGHER JA DOWD J BARR J

Friday 27 June 2003 REGINA v DCU Judgment

1 MEAGHER JA: I agree with Dowd J. 2 DOWD J: This was an appeal against conviction by a jury of twelve in the Sydney District Court before Downs ADCJ on a charge of Aggravated Indecent Assault and two counts of sexual intercourse with a child under sixteen years being under authority, and an application for leave to appeal against severity of sentence. 3 On sentence, the learned sentencing judge imposed a fixed term of imprisonment on the first count of three years and six months to commence on 25 May 2002 and to expire on 24 November 2005 for the offence in breach of s61M (1) of the Crimes Act 1900 ("the Act") carrying a maximum penalty of seven years' imprisonment. His Honour also imposed on each count of sexual intercourse with a child under sixteen years being under authority, in breach of s66C (2) of the Act which carries a maximum penalty of ten years' imprisonment, a sentence of imprisonment for six years commencing on 25 May 2002 and expiring on 24 May 2008 with a non-parole period of three years and six months commencing on 25 May 2002 and expiring on 24 November 2005. 4 The appellant had been arrested on 19 December 2000 at which time he was serving a sentence, the non-parole period for which expired on 25 May 2002. The sentences were imposed on 3 April 2002.