R v Baverstock [2003] NSWCCA 228

New South Wales Court of Criminal Appeal

CITATION : R v Baverstock [2003] NSWCCA 228 revised - 21/08/2003 HEARING DATE(S) : 14/8/03 JUDGMENT DATE : 14 August 2003

JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 28; Adams J at 29 DECISION : Leave to appeal granted. Appeal dismissed.

CATCHWORDS : CRIMINAL LAW - appeal against severity of sentence - sexual intercourse without consent - plea of guilty - Form 1 consideration - whether error in consideration of Form 1 offences - whether sentence manifestly excessive. LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED : Regina v Barton (2001) 121 A Crim R 185 Regina v Kay [2002] NSWCCA 286 PARTIES : Regina Alan Baverstock FILE NUMBER(S) : CCA 60364/02 COUNSEL : D Woodburne (C) A Francis SOLICITORS : S E O'Connor D J Humphreys

LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/3276 FILE NUMBER(S) : LOWER COURT Sides DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60364/02

WOOD CJ at CL SIMPSON J ADAMS J

Thursday 14 August 2003

Regina v Alan Baverstock

The applicant seeks leave to appeal against a sentence which was imposed upon him after pleading guilty to six counts of sexual intercourse without consent contrary to section 61A of the Crimes Act 1900. For count 6, his Honour sentenced the applicant, after taking into account four matters on the Form 1, to six years imprisonment, with a non-parole period of two years and six months. It was submitted that in relation to this count his Honour erred in the manner in which he dealt with the offences on the Form 1.