Regina v Gill [2005] NSWCCA 308

New South Wales Court of Criminal Appeal

Regina v Gill [2005] NSWCCA 308 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29 August 2005

JUDGMENT DATE: 29 August 2005

JUDGMENT OF: Spigelman CJ at 1; Ipp JA at 38; Adams J at 2

DECISION: Leave to appeal granted; Appeal dismissed

CATCHWORDS: Sentence appeal - sexual offences - offender with compromised mental state - relevance - reduces importance of general deterrence - increased importance of personal deterrence

Mental Health Act (1990) LEGISLATION CITED: Criminal Appeal Act 1912

Mill v The Queen (1988) 166 CLR 59 CASES CITED: Veen (No2) (1988) 164 CLR 465 AT 476

PARTIES: Regina Crown - Respondent v David Gill - Appellant

FILE NUMBER(S): CCA 2005/816

W Dawe QC (Crown) COUNSEL: S J Odgers SC (Appellant)

S Kavanagh - Solciitor for Public Prosecutions (Crown) SOLICITORS: Star Carver & Sons - Solicitor (Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/11/0955

LOWER COURT JUDICIAL OFFICER: Judge Goldring

IN THE COURT OF CRIMINAL APPEAL 2005/816

SPIGELMAN CJ IPP JA ADAMS J

Monday 29 August 2005 REGINA v David GILL Judgment

1 SPIGELMAN CJ: I invite Adams J to deliver the first judgment. 2 ADAMS J: On 13 February 2004 the applicant pleaded guilty to one count of aggravated sexual intercourse without consent of his natural daughter, then only just sixteen years of age and under his authority. The offence occurred on or about 29 January 2001. He asked to be taken into account two further offences which occurred on the same occasion, one of which also involved aggravated sexual intercourse without consent and the other aggravated indecent assault. On 23 April 2004 the applicant was sentenced to an overall term of four years' imprisonment comprising a non-parole period of two years six months commencing on 23 April 2004 and expiring on 22 October 2006, with the balance of the term expiring on 22 April 2008. The applicant seeks leave to appeal from this sentence.