NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v MSS [2005] NSWCCA 227 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 22/06/2005
JUDGMENT DATE: 22 June 2005
JUDGMENT OF: Spigelman CJ at 30, 32; Hunt AJA at 31; Howie J at 1
DECISION: Leave to appeal is granted but the appeal is dismissed. The non-parole period of 9 months is to expire on 21 January 2006 the date upon which the applicant is to be released to parole. The sentence expires in its entirety on 21 October 2006.
CATCHWORDS: Criminal Law - Sentencing - Sentencing of a juvenile of sexual assault offence after conviction - no matter of principle.
Crimes Act 1900 - ss 61J, 66C LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 - ss 6, 17, 18(1A), 19 (1A), Div 4 Part 3
R v WKR (1993) 32 NSWLR 447 CASES CITED: R v Palu (2002) 134 A Crim R 174
PARTIES: Regina v MSS
FILE NUMBER(S): CCA 2005/938
S. Bennett SC - Crown COUNSEL: G. Wendler - Applicant
S. Kavanagh - Crown SOLICITORS: S. Hopper - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/0449
LOWER COURT JUDICIAL OFFICER: Ellis DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/938
SPIGELMAN CJ HUNT AJA HOWIE J
WEDNESDAY 22 JUNE 2005 Regina v MSS Judgment 1 HOWIE J: The applicant, a juvenile, was convicted after trial by a jury of a charge of having sexual intercourse with a child under the age of 16 years. This is an offence contrary to s 66C of the Crimes Act and in respect of which a maximum penalty of 8 years imprisonment is prescribed. Judge Ellis (the Judge) sentenced the applicant to imprisonment for 18 months to date from 22 October 2004, the date upon which sentence was imposed, and specified a non-parole period of 9 months to expire on 21 July 2005. The Judge directed that the sentence be served in a Juvenile Detention Centre. The applicant was granted bail in the Supreme Court on 21 December 2004. 2 The applicant seeks leave to appeal against the sentence imposed upon him on the following grounds of appeal:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate