R v KRL [2007] NSWCCA 354

New South Wales Court of Criminal Appeal

CITATION: R v KRL [2007] NSWCCA 354

HEARING DATE(S): 3 December 2007

JUDGMENT DATE: 18 December 2007

JUDGMENT OF: Mason P at 1; Barr J at 2; Bell J at 3

DECISION: 1. Dismiss the appeal; 2. Pursuant to sections 18 and 28A of the Criminal Appeal Act 1912 direct that the non-parole period commence on 18 December 2007. The non-parole period will expire on 17 September 2008. The balance of the sentence is two years and three months and will expire on 17 December 2010. Direct the appellant's release on parole at the expiration of the non-parole period

PARTIES: Regina KRL (Appellant)

FILE NUMBER(S): CCA 2006/00005270

COUNSEL: R C Nicol (Appellant) G Rowling (Crown)

SOLICITORS: Gregory P Elks (Solicitors) (Appellant) S Kavanagh (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0043

LOWER COURT JUDICIAL OFFICER: Charteris DCJ

IN THE COURT OF CRIMINAL APPEAL CCA 2006/00005270

MASON P BARR J BELL J

Tuesday 18 December 2007 KRL v R Judgment 1 MASON P: I agree with Bell J. 2 BARR J: I agree with Bell J. 3 BELL J: The appellant was tried in the Sydney District Court in October 2006 on an indictment that charged him with six sexual offences, which were alleged to have been committed against his daughter, CAS, when she was aged 10 or 11 years. At the date of the trial CAS was aged 51 years. The first three offences were alleged to have occurred in the course of the one episode of offending which took place on the morning after the funeral of KRL's father (the first episode). This was in November 1965. The remaining three counts were also said to have occurred in the course of one episode which took place on the morning after a school concert in which CAS performed (the second episode). The concert was said to have been on a date in 1966. 4 The jury acquitted the appellant of the offences charged in counts two to six and convicted him of the offence charged in count one. 5 On 13 December 2006 the trial Judge sentenced the appellant, who was then aged 74 years, to imprisonment for a term of three years to commence on 13 December. A non-parole period of nine months was specified. The appellant had filed a notice of intention to appeal against his conviction and the trial judge admitted him to bail pending the determination of the appeal. 6 The appellant appeals on the ground that his conviction is unreasonable and is not supported by the evidence. There is no appeal against the sentence.