Regina v Phillip John HUMPHRIES [2004] NSWCCA 370

New South Wales Court of Criminal Appeal

CITATION : Regina v Phillip John HUMPHRIES [2004] NSWCCA 370 HEARING DATE(S) : 19 October 2004 JUDGMENT DATE : 19 October 2004

JUDGMENT OF : Barr J at 1 - 29, 32; Buddin J at 30; Campbell J at 31 DECISION : Extension of time granted to seek leave to appeal; Leave to appeal granted but appeal dismissed.

PARTIES : Regina v Phillip John HUMPHRIES FILE NUMBER(S) : CCA 2004/1773 COUNSEL : P Bodor QC P Miller SOLICITORS : Fox O'Brien S C Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0383 FILE NUMBER(S) : LOWER COURT Hock DCJ JUDICIAL OFFICER :

- 8 - IN THE COURT OF CRIMINAL APPEAL 2004/1773

BARR J BUDDIN J CAMPBELL AJ

19 OCTOBER 2004 REGINA v PHILLIP JOHN HUMPHRIES Judgment 1 BARR J: This is an application for an extension of time within which to seek leave to appeal and an application for leave to appeal against sentences imposed by Hock DCJ. For one count of indecent assault of a child under the age of sixteen years her Honour sentenced the applicant to a fixed term of imprisonment of twelve months, commencing on 12 September 2003. For a second count in identical terms, and taking into account two further indecent assaults of the same child, her Honour sentenced the applicant to two years' imprisonment and set a non-parole period of twelve months. The sentence was ordered to commence six months after the commencement of the fixed term. In imposing sentence her Honour took into account two further acts of indecent assault on the same complainant. The effective sentence was therefore two years and six months with a non-parole period of one year and six months.