Hector v Regina [2003] NSWCCA 196

New South Wales Court of Criminal Appeal

CITATION : Hector v Regina [2003] NSWCCA 196 HEARING DATE(S) : 15 July 2003 JUDGMENT DATE : 15 July 2003

JUDGMENT OF : Sheller JA at 34; James J at 33; O'Keefe J at 1 DECISION : 1. Leave to appeal granted; 2. Appeal dismissed.

CATCHWORDS : Criminal law - Appeal against sentence - Sexual intercourse without consent - Breaking and entering a dwelling house with intent to commit a serious indictable offence - Circumstance of aggravation - Not every reference to a circumstance that may amount to aggravation will infringe the relevant common law or statutory principle in this regard LEGISLATION CITED : Crimes Act 1900 - ss 61I, 105A(1), 112(1) , 113(1), 154A(1) Road Transport (Driver Licensing) Act 1998 - s 25A(1)(a) CASES CITED : Regina v Booth (NSWCCA, 12 November 1993, unreported) The Queen v De Simoni (1980-1981) 147 CLR 383 PARTIES : Steven John Hector Regina FILE NUMBER(S) : CCA 60123/03 COUNSEL : Crown - Mr D Howard Applicant - Mr T Golding SOLICITORS : Crown - S E O'Connor Applicant - D Humphreys

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0393 FILE NUMBER(S) : LOWER COURT Coolahan DCJ JUDICIAL OFFICER :

- 11 - IN THE COURT OF CRIMINAL APPEAL 60123/03

Sheller JA, James J, O'Keefe J

15 July 2003 Regina v Steven John Hector Judgment 1 O'KEEFE J: This is an application by Steven John Hector (the applicant) for leave to appeal against sentences imposed on him in the District Court in Newcastle on 20 December 2002. 2 The applicant had pleaded guilty on 1 November 2002 to offences committed on 17 July 2002 that were as follows: (i) a count of sexual intercourse without consent, contrary to s 61I of the Crimes Act 1900, the maximum penalty for which offence is imprisonment for 14 years;