I.F.G. v Regina [2007] NSWCCA 6

New South Wales Court of Criminal Appeal

CITATION: I.F.G. v Regina [2007] NSWCCA 6

HEARING DATE(S): 22/01/2007 JUDGMENT OF: Adams J at 36, 38; Howie J at 1; Price J at 37

EX TEMPORE JUDGMENT DATE: 22 January 2007

DECISION: Application for leave to appeal granted, appeal allowed and the sentences in each case quashed. In lieu the applicant is sentenced as follows. In relation to the first count, imprisonment for 6 years with a non-parole period of 4 years to date from 29 July 2005 and to expire on 28 July 2009. He is eligible to be released to parole on this date if not for the sentence to be pronounced. In relation to the second count, imprisonment for 6 years with a non-parole period of 3 years to commence on 29 July 2007 and to expire on 28 July 2010, the date he is eligible to be released to parole. The recommendations made by Judge McGuire are to be continued that being that the applicant be afforded psychiatric and psychological treatment whilst in custody and that he be supervised by the Probation and Parole Service whilst on parole and that he accept all directions with regard to any ongoing psychological or psychiatric counselling.

CATCHWORDS: Criminal Law - Sentencing - Delay in prosecuting child sexual offences in NSW after applicant charged and sentenced in Queensland - whether insufficient account taken of the delay and effect of it upon the applicant - whether in light of the delay partially accumulating sentences were warranted - formal defect in pronouncement of sentences.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - ss 21A, 44

CASES CITED: R v Todd [1982] 2 NSWLR 517

PARTIES: I.F.G. v Regina

FILE NUMBER(S): CCA 2006/1989

COUNSEL: R.A. Herps - Crown Applicant - in person