NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v BAKER [2006] NSWCCA 135
HEARING DATE(S): 22 November 2005
JUDGMENT DATE: 16 May 2006
JUDGMENT OF: Simpson J at 1; Adams J at 2; Hoeben J at 17
DECISION: Leave to appeal against sentence granted; Appeal dismissed
CATCHWORDS: Sentence appeal - aggravated sexual intercourse without consent - delay of 10 years in prosecution - applicant 67 years old when sentenced and would be 71 years when eligible for release - because delay caused by applicant absconding, inappropriate to further adjust sentence.
LEGISLATION CITED: Crimes Act 1900 s 61J(1) Crimes (Sentencing Procedure) Act 1999 ss 21A, 44(2)
CASES CITED: Wayne John Pratt (unreported, NSWCCA 26 July 1996)
Regina (Respondent)
PARTIES: v
Colin James BAKER (Applicant)
FILE NUMBER(S): CCA 2005/601
COUNSEL: P G Ingram (Crown) Applicant in person
SOLICITORS: S Kavanagh (Crown) Applicant unrepresented
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0080
LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ
LOWER COURT DATE OF DECISION: 24/09/2004
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL 2005/601
SIMPSON J ADAMS J HOEBEN J
16 May 2006 REGINA v Colin James BAKER Judgment
1 SIMPSON J: I agree with Adams J.
2 ADAMS J: On 23 July 2004 the applicant, Colin James Baker, was convicted by a jury of the offence of aggravated sexual intercourse without consent under s 61J(1) of the Crimes Act 1900 for which the maximum penalty prescribed is twenty years' imprisonment. On 24 September 2004 the applicant was sentenced to a term of six years and six months' imprisonment commencing 27 June 2004 and ending 26 December 2010. A non-parole period was fixed of four years to commence on 27 June 2004 and end on 26 June 2008. The applicant was, as at the time of sentence, sixty-seven years of age. The sentence therefore has significance beyond its actual length. The applicant seeks leave to appeal against the severity of his sentence. THE FACTS
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