NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. ELLMORE [2002] NSWCCA 242 revised - 15/10/2002 FILE NUMBER(S) : CCA No. 60031 of 2002 HEARING DATE(S) : Wednesday 19 June 2002 JUDGMENT DATE : 19 June 2002
PARTIES : REGINA v. ELLMORE, Robert JUDGMENT OF : Greg James J at 1; Smart AJ at 36
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0617; 01/11/1094 LOWER COURT JUDICIAL Kinchington DCJ. OFFICER :
COUNSEL : Crown: D. Frearson App: P.G. Berman, SC. SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys CATCHWORDS : Criminal law - sentence - appeal - paedophile - offences against young girls - appropriate commencement date for sentences - offences committed while on parole - special circumstances found - need to reflect them in parole period. LEGISLATION CITED : Justices Act 1902 Crimes Act 1900 Ryan (2001 75 ALJR 815 CASES CITED: McHugh (1985) 1 NSWLR 588 English [2000] NSWCCA 245 Thomson & Houlton (2000) 49 NSWLR 383 DECISION : Leave to appeal against the sentences be granted. The appeal allowed in part. Dismiss appeals against the sentences of the fixed period of 15 months on each of counts one, two and three of the indictment but vary the date of commencement of each such sentence to 24 April 2001 to expire on 23 July 2002. Dismiss the appeal against the sentence imposing a fixed period of imprisonment of three years on the s.51A committal sentence for the offence of assault and act of indecency in September 1984 but vary the date of commencement of such sentence to 24 April 2001 to expire on 23 April 2004. Allow the appeal against the sentences on counts four and five of the indictment. Quash those sentences and in lieu of the sentences imposed, sentence the applicant on each count to imprisonment for seven years commencing on 24 April 2004. Impose a non?parole period in respect of those sentences of three years, eight months commencing that day, that is 24 April 2004 and expiring on 23 December 2007, on which date the applicant is eligible for release on parole.
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