REGINA v. LAKE [2003] NSWCCA 27

New South Wales Court of Criminal Appeal

CITATION : REGINA v. LAKE [2003] NSWCCA 27 HEARING DATE(S) : Friday 21 February 2003 JUDGMENT DATE : 21 February 2003

JUDGMENT OF : James J at 24; Greg James J at 1 DECISION : Leave to appeal against sentence granted. The appeal against sentence is allowed. The sentences passed by Williams, DCJ., apart from the sentence passed on the offence of sexual intercourse without consent, are quashed. In lieu of the sentences imposed by his Honour on counts one, three and four, the following sentences are imposed. For the offence in count one of aggravated sexual intercourse without consent, the circumstance of aggravation being maliciously inflict actual bodily harm, the applicant is sentenced to a term of imprisonment of seven years commencing on 26 January 2004 with a non-parole period of four years. For the offence of detaining for advantage which was count three, the applicant it sentenced to a term of imprisonment of six years commencing on 26 January 2002 with a non-parole period of three years, six months. For theo ffence of malicious wounding which is count four, the applicant is sentenced to a fixed term of imprisonment of three and a half years also commencing on 26 January 2002. The earliest date on which the applicant will be eligible for release on parole will be 26 January 2008.

CATCHWORDS : Criminal law - sentence - appeal - multiple offences of a sexual, violent and kidnapping nature - offences involving overlapping elements - pleas of guilty - sentences imposed on basis of lengthy statement of facts covering all crimes and context - overall sentence involving some accumulation passed to reflect all crimes committed in single episode - no dissection of facts to reflect specific crimes charged - totality principle applied to overall sentence - necessity to apply both principles in Pearce - leave granted - appeal upheld. LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 Pearce (1998) 194 CLR 610 CASES CITED : Cameron (2002) 187 ALR 65 Sharma (2002) 54 NSWLR 300 PARTIES : REGINA v. LAKE, Clarence Victor FILE NUMBER(S) : CCA No. 60398 of 2002 COUNSEL : Crown: D.C. Frearson App: L. Flannery SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys