TJC v Regina [2006] NSWCCA 413

New South Wales Court of Criminal Appeal

CITATION: TJC v Regina [2006] NSWCCA 413

HEARING DATE(S): 28 November 2006

JUDGMENT DATE: 19 December 2006

JUDGMENT OF: Barr J at 1; Adams J at 62; Rothman J at 63

DECISION: Grant an extension of time within which to bring the appeal and the applications for leave to appeal against the sentences to the dates of filing the appropriate notices in the registry. Uphold the appeal, quash the convictions and sentences on the first and second counts and direct the entry of verdicts of acquittal on those counts. Grant leave to appeal against the remaining sentences. Dismiss the appeal against the sentence on the fourth count. Vary the sentence on the fifth count so that it is taken to have commenced on 6 June 2003 and to have expired on 5 June 2005. Vary the non-parole period on the fifth count so that it is taken to have commenced on 6 June 2003 and to have expired on 5 December 2004. Vary the sentence on the carnal knowledge conviction so that it is taken to have commenced on 6 December 2004 and will expire on 5 March 2010. Quash the non-parole period and substitute a non-parole period of three years and six months, which is to be taken as having commenced on 6 December 2004 and which will expire on 5 June 2008. Declare that the first day upon which the appellant will be eligible for consideration for release to parole will be 5 June 2008.

PARTIES: Regina, TJC

FILE NUMBER(S): CCA 2006/1935; 2006/1937

COUNSEL: R Burgess D Woodburne

SOLICITORS: S O'Connor S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 00/41/0211; 03/11/0269

LOWER COURT JUDICIAL OFFICER: Hosking SC DCJ, Bellear DCJ