NSW Caselaw
Reported Decision : 166 A Crim R 341
New South Wales Court of Criminal Appeal
CITATION: Dean v R [2006] NSWCCA 341
HEARING DATE(S): 10 October 2006
JUDGMENT DATE: 26 October 2006
JUDGMENT OF: Tobias JA at 1; Grove J at 74; Bell J at 83
DECISION: (a) Appeal against conviction dismissed; (b) Leave to appeal against sentence granted and appeal allowed in part; (c) The sentence imposed on the appellant by his Honour Judge Finnane on 29 July 2005 be quashed; (d) For the offence of sexual intercourse without consent contrary to s61I of the Crimes Act (NSW) 1900 committed on 25 September 2004, the appellant be sentenced to imprisonment for a non parole period of seven years to commence on 27 February 2005 and expire on 26 February 2012, with a balance of the term of the sentence of two years and four months to commence on 27 February 2012 and expire on 26 June 2014. The earliest date the appellant will be eligible for release is 28 February 2012
CATCHWORDS: CRIMINAL LAW – sexual assault – appeal against conviction – appeal against sentence – directions to jury – whether misdirection – onus of proof – whether onus reversed – standard of proof – meaning of proof beyond reasonable doubt – whether sentence excessive
Crimes Act 1900, s61I LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, ss 44, 54A, 54B, 54D; Pt 4 Div 1A Criminal Appeal Act 1912, s 6(3)
R v Way (2004) 60 NSWLR 168 CASES CITED: Ryan v The Queen (2001) 206 CLR 267 Siganto v the Queen (1998) 194 CLR 656 Thomas v The Queen (1960) 102 CLR 584
PARTIES: Phillip John Dean Regina
FILE NUMBER(S): CCA 2006/1442
COUNSEL: A: Mark Dennis R: Virginia Lydiard
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