FINA'I v REGINA [2006] NSWCCA 134

New South Wales Court of Criminal Appeal

CITATION: FINA'I v REGINA [2006] NSWCCA 134

HEARING DATE(S): 3 March 2006

JUDGMENT DATE: 27 April 2006

JUDGMENT OF: McClellan CJ at CL at 1; Rothman J at 48; Smart AJ at 53

DECISION: 1. Leave to appeal against sentences granted; 2. Dismiss the appeals against the sentences imposed on counts 1, 2, 4, 5, 6 and 7; 3. Appeal against sentence on count 8 allowed in part. Sentence on count 8 quashed; 4. In lieu of the sentence imposed on count 8, the applicant is sentenced to the following terms of imprisonment:; (a) set a non-parole period of 9 months starting on 1 April 2011 and expiring on 31 December 2011 on which day the applicant is eligible for release on parole; (b) impose a balance of term of 2 years 3 months starting on 1 January 2012 and expiring on 31 March 2014.

CATCHWORDS: CRIMINAL LAW - appeal against severity of sentence - aggravated indecent assault of a child under 10 - sexual intercourse with a child under 10 - guilty plea - objective seriousness - abuse of trust - trauma - commitment to rehabilitation - partial accumulation of sentences - whether error in application of s 54A as having regard to an irrelevant consideration - whether in error in failing to give effect to a finding of special circumstances - deterrence

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Michael Gordon Simpson (1992) 61 A Crim R 58 R v Bolamatu [2002] NSWCCA 454 R v Close (1993) 31 NSWLR 743 R v Heather May Attard [2004] NSWCCA 376 R v Keen [2004] NSWCCA 86 CASES CITED: R v LWP [2003] NSWCCA 215 R v Ohar (2004) 59 NSWLR 596 R v Sharrock [1999] NSWCCA 289 R v Street [2005] NSWCCA 139 R v Swan [2005] NSWCCA 252 R v Thornberry [2000] NSWCCA 526