NSW Caselaw
Reported Decision: 170 A Crim R 355
New South Wales Court of Criminal Appeal
CITATION: AEL v R [2007] NSWCCA 97
HEARING DATE(S): 20 March 2007
JUDGMENT DATE: 4 April 2007
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 36; Hoeben J at 37
DECISION: 1. Grant leave to appeal and uphold the appeal; 2. The sentence imposed on 3 March 2006 is quashed; 3. The applicant is sentenced to a non-parole period commencing on 3 March 2006 and expiring 4 April 2007 with a further term expiring on 16 December 2008 (being the applicant's 19th birthday); 4. I direct the applicant's release to parole as soon as arrangements can be made for his accommodation in the Youth off the Streets Program. It is a condition of his parole that he accept the direction and supervision of the Department of Juvenile Justice including any direction as to his accommodation until the end of his parole period.
CATCHWORDS: CRIMINAL LAW - Appeal against sentence - sexual intercourse by a child on sibling under 10 years - sentenced imposed after breach of s. 9 bond - applicant unable to complete rehabilitative program due to lack of funding - evidence of behavioural and psychological problems
Crimes Act 1900 LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 Children Criminal Proceedings Regulation 2000 No 433 (repealed) Crimes (Sentencing Procedure) Act 1999
R v JDB (2005) 153 A Crim R 164; NSWCCA 102 CASES CITED: R v KLH (2004) 148 A Crim R 515; NSWCCA 312 R v KBM [2004] NSWCCA 123
PARTIES: AEL (Appl) The Crown
FILE NUMBER(S): CCA 2006/2616
COUNSEL: M Ierace SC (Appl) D M L Woodburne (Crown)
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