R v D.K.M [2003] NSWCCA 372

New South Wales Court of Criminal Appeal

CITATION : R v D.K.M [2003] NSWCCA 372 HEARING DATE(S) : 09/12/03 JUDGMENT DATE : 9 December 2003

JUDGMENT OF : Barr J at 1; Newman AJ at 26 DECISION : Leave to appeal granted; appeal dismissed.

CATCHWORDS : Criminal law - sentencing - carnal knowledge - sexual intercourse without consent LEGISLATION CITED : Crimes (Sentencing Procedure) Act s44 R v Simpson (2001) 53 NSWLR 704 R v LWP [2003] NSWCCA 215 CASES CITED : R v Lyndon [2003] NSWCCA 152 R v Reicher [2003] NSWCCA 300 R v Astill (No 2) (1992) 64 A Crim R 289 PARTIES : Regina D.K.M FILE NUMBER(S) : CCA 60424/03 COUNSEL : Applicant: G Turnbull Crown: P Miller SOLICITORS : Applicant: D Humphreys Crown: S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 01/31/0026 FILE NUMBER(S) : LOWER COURT Coolahan DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60424/03

BARR J NEWMAN AJ

Tuesday, 9 December 2003 R v DKM Judgment 1 BARR J: The applicant, to whom I shall refer as DKM, seeks leave to appeal against sentences imposed in the District Court. The applicant has a daughter, whom I shall simply call the complainant. She was born on 7 August 1967. Early in 2000 the applicant was charged with having committed a number of sexual offences against the complainant. By an arrangement made in the Local Court the applicant pleaded guilty to three of them. The prosecution offered no evidence on the remaining ones, which were dismissed, and the applicant was committed to the District Court for sentence.