Thorne v Regina [2007] NSWCCA 10

New South Wales Court of Criminal Appeal

CITATION: Thorne v Regina [2007] NSWCCA 10

HEARING DATE(S): 05/12/2006

JUDGMENT DATE: 7 February 2007

JUDGMENT OF: Sully J at 1; Howie J at 2; Hall J at 92

DECISION: (1) Appeal against conviction dismissed; (2) Application for leave to appeal against sentence granted, appeal allowed and the sentences quashed; (3)(a) On the first count the appellant is sentenced to a term of imprisonment comprising a non-parole period of 6 years to date from 29 November 2004 and to expire on 28 November 2010. There is to be a balance of term of 3 1/2 years from 29 November 2010; (3)(b) On the second and third counts the appellant is sentenced to a term of imprisonment comprising a non-parole period of 3 1/2 years to date from 29 November 2008 and to expire on 28 May 2012 the date upon which the appellant is eligible to be released to parole. There is to be a balance of term of 3 1/2 years from 29 May 2012. It is intended that the appellant be sentenced to an overall term of 11 years with an overall non-parole period of 7 1/2 years from 29 November 2004 before being eligible to be released to parole on 28 May 2012.

CATCHWORDS: Criminal Law - Appeal against conviction - admissibility and relevance of medical evidence of injuries to complainant, whether corroboration, whether directions to jury appropriate - Summing up - whether unfair by reason of failure to summarise evidence of appellant - Sentence - whether psychiatric report should be admitted as fresh evidence - relevance of mental conditon of appellant - whether sentences should have been concurrent.

Crimes Act 1900 - ss 405AA, 61I, 61J Evidence Act 1995 - s 136 LEGISLATION CITED: Criminal Appeal Rules - Rule 4 Criminal Procedure Act 1987 - s 161 Crimes (Sentencing Procedure) Act 1999 - ss 21A, 44