R v McCann [2004] NSWCCA 48

New South Wales Court of Criminal Appeal

CITATION : R v McCann [2004] NSWCCA 48 HEARING DATE(S) : 3 February 2004 JUDGMENT DATE : 3 February 2004

JUDGMENT OF : James J at 1, 40; Buddin J at 39 DECISION : Leave to appeal granted - appeal dismissed

CATCHWORDS : Criminal law - sentencing - aggravated sexual assault - indecent assault Crimes Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act Criminal Appeal Act CASES CITED : Pearce v The Queen (19980 194 CLR 610 PARTIES : Regina v Robert John McCann FILE NUMBER(S) : CCA 60342/03 COUNSEL : R Hulme SC - Applicant BJ Knox SC - Crown SOLICITORS : S E O'Connor - Applicant S Kavanagh - Crown

LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/0336 FILE NUMBER(S) : LOWER COURT Gibb DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60342/03

JAMES J BUDDIN J

Tuesday 3 February 2004 REGINA v ROBERT JOHN McCANN Judgment 1 JAMES J : Robert John McCann has applied for leave to appeal against sentences imposed on him in the District Court by her Honour Judge Gibb on 13 December 2002, after he had been found guilty of four counts of aggravated sexual assault and one count of indecent assault. All of the offences had been committed on the same evening, the evening of 9 April 2001. The victim of all four of the offences was a young woman who was 27 years old at the time the offences were committed. I will refer to her simply as "the victim" or "the complainant". 2 The sentence imposed by her Honour was as follows: Count 1, a term of imprisonment of six years with a non-parole period of four years. Count 2, a similar sentence, that is a term of imprisonment of six years with a non-parole period of four years. Count 3, a term of imprisonment of seven years with a non-parole period of four and a half years. Count 4 (which was the charge of indecent assault), a fixed term of imprisonment of one year. Count 5, a term of imprisonment of eight years with a non-parole period of four years nine months.