R v M.A.K., R v M.S.K. [2006] NSWCCA 381

Reported Decision : 167 A Crim R 159

New South Wales Court of Criminal Appeal

CITATION: R v M.A.K., R v M.S.K. [2006] NSWCCA 381

HEARING DATE(S): 28/08/2006

JUDGMENT DATE: 30 November 2006

JUDGMENT OF: Spigelman CJ; Whealy J; Howie J

DECISION: In respect of the appeal against the sentences imposed upon MAK the appeal is dismissed. In respect of the appeal against the sentences impose upon MSK the appeal is allowed and the sentences imposed by Hidden J are varied as follows: The sentence of 8 years imprisonment for the third count on the indictment relating to TW is to commence on 13 August 2019. The non-parole period of 4 years is to commence on that date and to expire on 12 August 2023. The sentence of 8 years imprisonment for the fourth count on the indictment relating to TW is to commence on 13 August 2021. The non-parole period is quashed and in lieu there is to be a non-parole period of 4 years and 6 months commencing on that date and to expire on 12 February 2026. The sentence in relation to the offence against CH is quashed and the respondent is sentenced to imprisonment for 9 years to commence on 13 August 2025 with a non-parole period of 12 months to commence on that date and to expire on 12 August 2026 the date upon which the respondent is first eligible to be considered for release to parole.

CATCHWORDS: Criminal Law - Sentencing - Crown Appeal - relevance of prior convictions for offences committed after offences for which sentence is passed - whether discount for plea of guilty should reflect remorse - the application of the totality principle where multiple sexual assault offences committed against different complainants of increasing seriousness - whether sentences manifestly inadequate.

Crimes Act 1900 - ss 578A, 61J, 61JA, 61L LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 - s 11 Crimes (Sentencing Procedure) Act 1999 - ss 2A(2)(1), 3A, 21A, 21A(2)(d), 21A(2)(l), 21A(2)(m), 21A(3), 21A(3)(e), Div 1A of Part 4