Shannon v Regina [2006] NSWCCA 39

New South Wales Court of Criminal Appeal

CITATION: Shannon v Regina [2006] NSWCCA 39

HEARING DATE(S): 24/02/2006

JUDGMENT DATE: 2 March 2006

JUDGMENT OF: Mason P at 1; Barr J at 2; Howie J at 3

DECISION: Leave to appeal is granted but the appeal is dismissed.

CATCHWORDS: Criminal Law - Sentence - child sexual offences - whether sentence manifestly excessive - vulnerability of the victim - relevance of delay in prosecution.

LEGISLATION CITED: Crimes Act 1900 -s 66C(1) Crimes (Sentencing Procedure) Act 1999 - s 21A

CASES CITED: R v Hathaway [2005] NSWCCA 368 R v Barker and Gibson [2006] NSWCCA 20

PARTIES: Robert James Shannon v Regina

FILE NUMBER(S): CCA 2005/2165

COUNSEL: Dr P. Power SC - Crown C. Craigie SC - Applicant

SOLICITORS: S. Kavanagh - Crown Sydney Regional Aboriginal Corp Legal Service - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/3095

LOWER COURT JUDICIAL OFFICER: Marien DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/2165

MASON P BARR J HOWIE J

THURSDAY 2 MARCH 2006 Robert James SHANNON v REGINA Judgment 1 MASON P: I agree with Howie J. 2 BARR J: I agree with Howie J. 3 HOWIE J: On 1 November 2004 the applicant was arraigned before a jury on an indictment containing nine counts of sexual assault offences against a child. On the third day of the trial the applicant asked to be re-arraigned on a fresh indictment alleging three counts of sexual intercourse upon the complainant. He pleaded guilty to each of those offences and was ultimately sentenced by Judge Marien SC (the Judge) to sentences totalling imprisonment for five years with an overall minimum period of imprisonment of three years. The applicant seeks leave to appeal against the severity of those sentences. 4 The three offences to which the applicant pleaded guilty were identical in form and were each worded as follows: