REGINA v ROMANO [2004] NSWCCA 380

New South Wales Court of Criminal Appeal

CITATION : REGINA v ROMANO [2004] NSWCCA 380 HEARING DATE(S) : 4 August 2004 JUDGMENT DATE : 4 November 2004

JUDGMENT OF : Dunford J at 2; Adams J at 2; Howie J at 35 DECISION : Grant leave to appeal; As to counts 3 and 6: Quash the sentences of three years and nine months and substitute concurrent fixed terms of two years and nine months to commence on 21 August 2003 and expire on 20 May 2006; As to count 8: Quash the sentence of one year and six months and substitute a fixed term of one year and one month to commence on 21 May 2006 and expire on 20 June 2007; As to count 9: Vary the commencement date of the sentence and non-parole period from 21 May 2008 to 21 November 2005, so that the term expires on 20 November 2014 (the sentence of nine years being unchanged but the commencement date changed to account for the utilitarian discount on the total sentence); quash the non-parole period of six years and three months and substitute a period of five years and nine months, which expires on 20 August 2011; As to counts 10, 12, 14, 16, 18, 20 and 22: Vary the commencement date to 21 May 2007 so that the terms expire on 20 May 2010 (the sentences of three years being unchanged) ; As to counts 11, 13, 15, 17, 19 and 21: Vary the commencement date to 21 May 2005 so that the terms expire on 20 May 2011 (the sentence of six years being unchanged); In the result, the overall sentence to be served by the applellant is eleven years and three months and the earliest date upon which the appellant will be eligible for parole is on the expiry of eight years' imprisonment, namely 20 August 2011.

CATCHWORDS : Sentence appeal - inducing children to participate in child prostitution - attempting to pervert the course of justice - accumulation of charges - significance of utilitarian discount for pleas of guilty where accumulating sentences - significance of prior good character - special circumstances where accumulating sentences - appeal allowed - sentences reduced LEGISLATION CITED : Crimes Act 1900 - ss 61D, 61J, 66C(3), 91E, 323 Crimes (Sentencing Procedure) Act 1999 - s44 CASES CITED : R v The Queen (2001) 118 A Crim R 538 Thomas (1993) 65 A Crim R 269 Regina (Respondent) PARTIES : v Vicent Joseph ROMANO (Applicant) FILE NUMBER(S) : CCA 60158/04 COUNSEL : Mr L Lamprati SC (Crown) Mr S Odgers SC (Applicant) SOLICITORS : S Kavanagh (Crown) P Safi (Applicant)