JCS v REGINA , JMS v REGINA, REGINA v JCS, REGINA v JMS [2006] NSWCCA 221

Reported Decision : 164 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION: JCS v REGINA , JMS v REGINA, REGINA v JCS, REGINA v JMS [2006] NSWCCA 221

HEARING DATE(S): 24 May 2006

JUDGMENT DATE: 26 July 2006

JUDGMENT OF: McClellan CJ at CL at 1; James J at 95; Hoeben J at 96

DECISION: 1. Both appeals against conviction dismissed; 2. Crown appeals against both sentences dismissed.

CATCHWORDS: CRIMINAL LAW - unlawful imprisonment - appeal against conviction - joint and several offences - validity of indictment for unlawful imprisonment - common law offence - inconsistencies in complainant's evidence - whether open to the jury to accept complainant's evidence - whether necessary to be against the will of the complainant - meaning of constraining and restraining - directions on element of intent - relevance of complainant's state of mind - whether direction on drawing of inferences necessary - whether directions correctly addressed actions of an individual not part of the joint criminal enterprise - parental discipline - whether evidence available on each separate count was adequately distinguished from evidence not available - EVIDENCE - whether document, which the complainant had not adopted, ought to have been admitted - re-examination of the complainant - CRIMINAL LAW - unlawful imprisonment - Crown appeal against sentence - objective gravity - general deterrence - unusual offence - whether mitigating factors were 'double-counted' - special circumstances - parental difficulties as mitigating factors - complainant's age and condition as aggravating factors - impact of periodic detention - discretion not to intervene

Crimes Act 1900 LEGISLATION CITED: Criminal Procedure Act 1986 NSW Evidence Act 1995 Crimes (Sentencing Procedure) Act 1999