R v Walder [2002] NSWCCA 310

New South Wales Court of Criminal Appeal

CITATION : R v Walder [2002] NSWCCA 310 FILE NUMBER(S) : CCA 60797/01 HEARING DATE(S) : 25 June 2002 JUDGMENT DATE : 25 June 2002

PARTIES : Regina v Peter Bernard Walder JUDGMENT OF : Smart AJ at 1, 25; Blanch AJ at 24

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/41/0101 LOWER COURT JUDICIAL Goldring DCJ OFFICER :

COUNSEL : (A) P G Berman SC (C) W G Dawe QC SOLICITORS : (A) Mark Klees & Associates (C) S E O'Connor CATCHWORDS : Sentencing - aggravated indecent assault - not the most serious example - sentence not to be increased because of prior record - sentence out of accord with Judicial Commission statistics - inadequate allowance for early reporting of offence by offender, early admission and plea of gulty - underlying medical condition not correctly taken into account LEGISLATION CITED : Nil CASES CITED: R v Ellis (1986) 6 NSWLR 603 DECISION : See para 23

IN THE COURT OF CRIMINAL APPEAL

60797/01 SMART AJ BLANCH AJ Tuesday, 25 June 2002 REGINA v PETER BERNARD WALDER JUDGMENT 1. SMART AJ: Peter Bernard Walder seeks leave to appeal against the severity of a sentence of imprisonment for four years ten months to commence on 12 October 2001 with a non-parole period of three years for aggravated indecent assault which occurred on 17 February 2001. The maximum penalty is imprisonment for seven years. The applicant pleaded guilty.

2. After returning from fishing the applicant spoke to the victim, aged ten, and later her mother. They knew him quite well. This was just after lunch, according to the mother. He asked if he could wash out his boat using her hose. He stayed at her house for the next six to eight hours. He had a meal there. The mother said that he had too much to drink and he suggested that he stay the night. According to the applicant he and the mother also smoked cannabis.