R v Bilal Skaf [2005] NSWCCA 297

New South Wales Court of Criminal Appeal

CITATION: R v Bilal Skaf [2005] NSWCCA 297

HEARING DATE(S): 26 July 2005

JUDGMENT DATE: 16 September 2005

JUDGMENT OF: Studdert J; Bell J; Latham J

DECISION: (1) Leave to appeal is granted. (2) The appeal against the sentences imposed is allowed and the sentences imposed in the District Court are quashed. (3) In lieu thereof, sentences are imposed as follows: FOR THE OFFENCES COMMITTED ON 10 AUGUST 2000 - For the offences of detain for advantage (counts 1 and 2): on each count the applicant is sentenced to imprisonment for seven years to commence on 12 February 2001 and to expire on 11 February 2008. For the three offences of assault (counts 4, 11 and 13): on each count the applicant is sentenced to imprisonment for two years, again to commence on 12 February 2001 and to expire on 11 February 2003. For the accessorial offences of aggravated sexual intercourse without consent in company (counts 6, 7, 8, 9, 10 and 12): on each count the applicant is sentenced to imprisonment for fourteen years to date from 12 February 2001 and to expire on 11 February 2015 with a non parole period of ten years six months to commence on 12 February 2001 and to expire on 11 August 2011. For the offences of aggravated sexual intercourse without consent (counts 3 and 5 involving Ms A): on each count the applicant is sentenced to imprisonment for a term of fifteen years to commence on 12 February 2002 and to expire on 11 February 2017 with a non parole period of eleven years three months commencing on 12 February 2002 and expiring on 11 May 2013. For the offence of aggravated sexual intercourse without consent in company (count 14 involving Ms B): the applicant is sentenced to imprisonment for fifteen years to commence on 12 February 2004 and to expire on 11 February 2019 with a non parole period of eleven years three months commencing on 12 February 2004 and expiring on 11 May 2015. FOR THE OFFENCES COMMITTED ON 30 AUGUST 2000 - For the offence of detain for advantage (count 3): the applicant is sentenced to imprisonment for a period of seven years to commence on 12 February 2009 and to expire on 11 February 2016. For the offences of pervert the course of justice (counts 16, 17): on each count the applicant is sentenced to imprisonment for three years to commence on 12 February 2009 and to expire on 11 February 2012. For the offences of aggravated indecent assault in company and aggravated act of indecency in company (counts 4, 5): on each count the applicant is sentenced to imprisonment for two years to commence on 12 February 2011 and to expire on 11 February 2013. For the offence of aggravated sexual intercourse without consent (in company), being the act of digital penetration (count 6): the applicant is sentenced to imprisonment for a term of fifteen years commencing 12 February 2012 and expiring on 11 February 2027 with a non parole period of nine years to commence on 12 February 2012 and to expire on 11 February 2021. For the remaining act of aggravated sexual intercourse without consent, being the act of penile penetration (count 10): the applicant is sentenced to imprisonment for a term of sixteen years to commence on 12 February 2013 and to expire on 11 February 2029 with a non parole period of ten years to commence on 12 February 2013 and to expire on 11 February 2023. The first date upon which the applicant will become eligible for consideration of release on parole will therefore be 11 February 2023.