R v Roberts [2003] NSWCCA 309

New South Wales Court of Criminal Appeal

CITATION : R v Roberts [2003] NSWCCA 309 HEARING DATE(S) : 10/10/2003 JUDGMENT DATE : 11 November 2003

JUDGMENT OF : Levine J at 1; Howie J at 2; Smart AJ at 36 DECISION : 1. The application for leave is granted, the appeal allowed and the sentences for the first and second counts are quashed; 2. The applicant is sentenced for the first count, and taking into account the matters on the Form 1, to imprisonment for 7 years with a non-parole period of 4 years 6 months. The sentence is to commence on 17 October 2000. The non- parole period expires on 16 April 2005; 3. The applicant is sentenced on the second count to imprisonment for 5 years 6 months with a non-parole period of 2 years 6 months. The sentence is to commence on 17 October 2004 and the non-parole period expires on 16 April 2007 the date upon which the applicant is eligible to be released to parole.

CATCHWORDS : Criminal Law and Procedure - Sentence - Old sexual assault offences - discount for plea - tariff at time of commission of offence - relevence of lack of prospects of rehabilitation. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 - ss 21A, 33 R v Moon (2000) 117 A Crim R 497 CASES CITED : R v MJR (2002) 130 A Crim R 481 R v Durocher-Yvon [2003] NSWCCA 299 PARTIES : Regina v Bruce Roberts FILE NUMBER(S) : CCA 60220/03 COUNSEL : Mr Ingram - Crown Mr Odgers - Applicant SOLICITORS : C.K. Smith - Crown B. Sandlands - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 07/03/2003 FILE NUMBER(S) : LOWER COURT Stewart ADCJ JUDICIAL OFFICER :