NWL v Regina [2006] NSWCCA 67

New South Wales Court of Criminal Appeal

CITATION: NWL v Regina [2006] NSWCCA 67

HEARING DATE(S): 17/02/06

JUDGMENT DATE: 29 March 2006

JUDGMENT OF: James J at 1; Buddin J at 151; Hall J at 152

DECISION: Appeal against conviction on count 8 in the indictment allowed. Conviction and sentence on count 8 quashed. Verdict of acquittal on count 8. Otherwise appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal against sentence on counts 2-7, 9 and 11 allowed and the sentences imposed by the sentencing judge on those counts quashed but only for the purpose of imposing sentences complying with s 44 of the Crimes (Sentencing Procedure) Act as in force at the time of the offences. Otherwise appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW – CONVICTION APPEAL - aggravated indecent assault - inciting a person above the age of sixteen years to commit an act of indecency – evidence and directions on issue of consent – whether the verdicts were unreasonable – SENTENCE – whether excessive – where sentencing judge failed to apply s 44 of the Crimes (Sentencing Procedure) Act as in force at the time of the offences - whether sentencing judge failed to give effect to the finding of special circumstances

Crimes Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act Criminal Appeal Rules

Jones v The Queen (1997) 191 CLR 439 M v The Queen (1994) 181 CLR 487 CASES CITED: MFA v The Queen (2002) 213 CLR 606 R v Bonora (1994) 35 NSWLR 74 R v Cramp [2004] NSWCCA 264 R v Habib [2005] NSWCCA 223

PARTIES: NWL v Regina

FILE NUMBER(S): CCA 2005/1848 CCAP