R v Slack [2004] NSWCCA 128

New South Wales Court of Criminal Appeal

CITATION : R v Slack [2004] NSWCCA 128 HEARING DATE(S) : 12 March 2004 JUDGMENT DATE : 7 May 2004

JUDGMENT OF : Grove J at 1; Simpson J at 10; Sperling J at 12 DECISION : 1. Appeal against conviction dismissed; 2. Application for leave to appeal against sentence granted and appeal allowed; 3. Sentences in the District Court quashed and in lieu thereof the appellant sentenced on each count to three years imprisonment to date from 26 June 2003 with a non parole period of eighteen months to date from 26 June 2003 and expiring on 25 December 2004; 4. The sentences to be served concurrently; 5. The appellant directed to be released to parole on 25 December 2004.

CATCHWORDS : Criminal Law - aggravated sexual intercourse without consent - appeal against conviction and severity of sentence - no question of principle LEGISLATION CITED : Crimes Act 1900, s61H, s61J Crimes (Sentencing Procedure) Act 1999, s21A, s28 Ford (NSWCCA, 9 April 1998, unreported) Hall (NSWCCA, 28 September 1995, unreported) Henry (1999) 46 NSWLR 346 Ibbs v The Queen (1987) 163 CLR 447 CASES CITED : Jones (1997) 149 ALR 598 M v The Queen (1994) 181 CLR 487 MFA (2002) 77 ALJR 139 R v Dent (NSWCCA, 14 March 1991, unreported) RKB (NSWCCA, 30 June 1992, unreported Siganto v The Queen (1998) 194 CLR 656 PARTIES : Regina Shane Robert Slack FILE NUMBER(S) : CCA 60454/03 COUNSEL : Mr G Rowling for the Crown Mr P O'Donnell for the Appellant SOLICITORS : Director of Public Prosecutions John Taylor, Solicitor for the Appellant