WSP v REGINA [2006] NSWCCA 240

New South Wales Court of Criminal Appeal

CITATION: WSP v REGINA [2006] NSWCCA 240 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3 August 2006

JUDGMENT DATE: 3 August 2006

JUDGMENT OF: Spigelman CJ at 1, 9; Hoeben J at 7; Rothman J at 8

EX TEMPORE JUDGMENT DATE: 08/03/2006

DECISION: Orders of Latham DJC set aside and new orders substituted.

CATCHWORDS: SENTENCING – Back dating of original sentence by consent.

LEGISLATION CITED: s 66C(2) Crimes Act 1900

CASES CITED: R v WSP [2005] NSWCCA 427

PARTIES: WSP (Applicant) Crown (Respondent)

FILE NUMBER(S): CCA 2005/1096

COUNSEL: M. Ramage SC (Applicant N. Noman (Crown)

SOLICITORS: P Klees (Applicant) S Kavanagh (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/21/3466; 02/21/3476

LOWER COURT JUDICIAL OFFICER: Latham DCJ

LOWER COURT DATE OF DECISION: 24/10/03

- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/1096

SPIGELMAN CJ HOEBEN J ROTHMAN J

Thursday 3 August 2006 WSP v REGINA Judgment 1 SPIGELMAN CJ: In this matter the Applicant seeks the adjustments of sentences imposed upon him by Latham DCJ, as her Honour then was. The Crown agrees that the adjustments are appropriate. 2 The circumstances are that on 24 October 2005 her Honour, after trial, sentenced the Applicant to a total sentence of eight years with an effective non-parole period of five years made up as follows: (a) In respect of offences on a complainant called CJ in 1989: (i) two counts of sexual intercourse under s 66C(2) to concurrent sentences of three years backdated to commence on 11 August 2003 with a non-parole period of eighteen months expiring on 11 February 2005.