Regina v Hunt [2002] NSWCCA 266

New South Wales Court of Criminal Appeal

CITATION : Regina v Hunt [2002] NSWCCA 266 FILE NUMBER(S) : CCA 60933/01 HEARING DATE(S) : 25 June 2002 JUDGMENT DATE : 25 June 2002

PARTIES : Regina v Robert Bruce Hunt JUDGMENT OF : Smart AJ at 1,43,45; Blanch AJ at 44

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/41/0147 LOWER COURT JUDICIAL Shillington DCJ OFFICER :

COUNSEL : (A) G Bashir (C) W G Dawe QC SOLICITORS : (A) Gregory J Goold (C) S E O'Connor CATCHWORDS : Sentencing - suspended sentence - breach of conditions - approach required under s.99 of the Crimes (Sentencing Procedurre) Act 1999 LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Foster 2001 CCA 211 DECISION : Leave to appeal granted - Appeal allowed - Sentence imposed by Shillington DCJ quashed -In lieu the applicant is sentenced to twenty months imprisonment to commence on 16 November 2001 and to expire on 15 July 2003 with a non-parole period of ten months commencing on 16 November 2001 and expiring on 15 September 2002 on which date the applicant is to be released on supervised parole.

IN THE COURT OF CRIMINAL APPEAL

60933/01 SMART AJ BLANCH AJ Tuesday, 25 June 2002 REGINA v ROBERT BRUCE HUNT JUDGMENT

1. SMART AJ: Robert Bruce Hunt seeks leave to appeal against the severity of a sentence passed upon him by Shillington DCJ on 6 December 2001 consequent upon proceedings taken for breach of a bond.

2. On 30 November 2000 Goldring DCJ sentenced the applicant to imprisonment for twenty months for on 16 January 2000 at Moruya inciting NSS, a person then under the age of sixteen, namely eleven years, to commit an act of indecency with him. The maximum penalty is two years imprisonment.