NSW Caselaw
New South Wales Court of Criminal Appeal
R v EGC [2005] NSWCCA 392 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 8 November 2005
JUDGMENT DATE: 21 November 2005
JUDGMENT OF: Sully J; Hulme J; Latham J
DECISION: Leave to appeal granted; Appeal allowed in part; Quash the sentences imposed on Counts 1 and 2; On each of Counts 1 and 2 impose a non-parole period of 2 years to date from 17 September 2005 expiring 16 September 2007, with the balance of the term being 2 years, expiring 16 September 2009; Quash the sentence imposed on Count 3; On Count 3, taking into account the offence on the Form 1, impose a non-parole period of 2 years to date from 17 September 2006, expiring 16 September 2008, with the balance of the term being 3 years, expiring 16 September 2011.
CATCHWORDS: Child sexual assault - Delay between commission of offence and sentence - Rehabilitation
Crimes Act 1900 LEGISLATION CITED: Pre-Trial Diversion of Offenders Act 1985
Humphries [2004] NSWCCA 370 R v Holyoak (1995) 82 A Crim R 502 R v Thompson (unrep) CCA 18 June 1996 V (1998) 99 A Crim R 297 R v Blanco (1999) 106 A Crim R 303 R v Cockerell [2001] VSCA 239 CASES CITED: R v Todd [1982] 2 NSWLR 517 R v Virgona [2004] NSWCCA 415 R v Fidow [2004] NSWCCA 172 R v Moon (2000) 117 A Crim R 497 : [2000] NSWCCA 534 R v MJR 92000) 54 NSWLR 386 at 384 Dodd (1991) 57 A Crim R 549
Crown - Respondent EGC - Applicant PARTIES:
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