Regina v Dagwell [2006] NSWCCA 98

New South Wales Court of Criminal Appeal

CITATION: Regina v Dagwell [2006] NSWCCA 98 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 02/03/2006

JUDGMENT DATE: 5 April 2006

JUDGMENT OF: Beazley JA at 1; Adams J at 2; Howie J at 3

DECISION: Appeal allowed, sentences imposed are quashed. In lieu the respondent is sentenced as follows: Counts 1 and 2 - A non-parole period of 9 months to date from 31 August 2005 and to expire on 30 May 2006 with a balance of term of 3 months to commence on 31 May 2006. Count 3 - A non-parole period of 1 year 3 months to date from 31 August 2005 and to expire on 30 November 2006 with a balance of term of 9 months to commence from 1 December 2006. Count 4 - A non-parole period of 12 months to date from 31 May 2006 and to expire on 30 May 2007 with a balance of term of 9 months to commence on 31 May 2007. Counts 5, 6, 7, 9 - A non-parole period of 1 year and 8 months to date from 1 March 2006 and to expire on 31 October 2007 and a balance of term of 1 year and 2 months to commence on 1 November 2007. Count 8 - A non-parole period of 1 year and 11 months to date from 31 August 2006 and to expire on 30 June 2008 with a balance of term of 1 year and 5 months to commence on 1 July 2008.

CATCHWORDS: Criminal Law - Sentence for child sexual assault offences - Crown appeal - sentences manifestly inadequate - respondent resentenced.

LEGISLATION CITED: Crimes Act 1900 - ss 61M(1), 66C(1) Crimes Sentencing Procedure Act 1999 - s 21A

R v Way (2004) 60 NSWLR 160 R v SG [2003] NSWCCA 220 Pearce v The Queen (1998) 194 CLR 610 R v Durocher-Yvon (2003) 58 NSWLR 581 R v Wall [2002] NSWCCA 42 R v Baker [2000] NSWCCA 85 CASES CITED: R v Scognamiglio (1991) A Crim R 81 R v Israil [2002] NSWCCA 255 R v AJP (2004) 150 A Crim R 575 R v Radich [1954] NZLR 86 R v AEM Snr [2002] NSWCCA 58 R v Montesinos (2002) 135 A Crim R 417 R v Wall [2002] NSWCCA 42 R v Baker [2000] NSWCCA 85