R v Dennis [2003] NSWCCA 137

New South Wales Court of Criminal Appeal

CITATION : R v Dennis [2003] NSWCCA 137 HEARING DATE(S) : 28 April 2003 JUDGMENT DATE : 13 May 2003

JUDGMENT OF : Hulme J at 1; Simpson J at 2 DECISION : in lieu of the sentence imposed by the sentencing judge, the applicant be sentenced to imprisonment for ten years, commencing on 7 October 2001, with a non-parole period of period of seven years and six months, the non-parole period to expire on 6 April 2009

CATCHWORDS : appeal against severity of sentence - factual error - sentence imposed manifestly excessive - benefit for a plea of guilty - "top-down sentencing" LEGISLATION CITED : Crimes Act 1900 (NSW) s61(D), s61(J) R v De Simoni (1981) 147 CLR 383 CASES CITED : R v Gallagher (1991) 23 NSWLR 230 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 PARTIES : Crown - Respondent Leslie Paul Dennis - Applicant FILE NUMBER(S) : CCA 60016/03 COUNSEL : MC Grogan - Crown AC Haesler - Applicant SOLICITORS : SE O'Connor - Crown Sydney Regional Aboriginal Corporation Legal Service - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/61/0031 FILE NUMBER(S) : LOWER COURT Nield DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60016/03

HULME J SIMPSON J

Tuesday 13 May 2003 REGINA v Leslie Paul DENNIS Judgment 1 HULME J: I agree with the order proposed by Justice Simpson and with her Honour's Reasons. 2 SIMPSON J: The applicant seeks leave to appeal against the severity of a sentence imposed upon him in the District Court at Parramatta by Nield DCJ, following his plea of guilty to a charge of aggravated sexual assault committed on 7 October 2001. By s61J of the Crimes Act 1900 the maximum penalty applicable to the offence was one of imprisonment for twenty years. Nield DCJ sentenced the applicant to imprisonment for twelve years with a non-parole period of nine years, the sentence to commence on 7 October 2001, the date on which the offence was committed and the date on which the applicant was taken into custody.