NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Doherty v R [2006] NSWCCA 133
HEARING DATE(S): 7 April 2006
JUDGMENT DATE: 28 April 2006
JUDGMENT OF: Grove J at 1; Simpson J at 2; Bell J at 29
DECISION: (i) leave to appeal against each sentence granted; (ii) appeals allowed; the applicant re-sentenced as follows: Second indictment (taking into account the additional offences) - Imprisonment for a fixed term of one year, to commence on 7 November 2003 and expire on 6 November 2004; First indictment - Count 1: (taking into account the offence of break, enter and steal) imprisonment with a non-parole period of three years, to commence on 7 November 2004 and expire on 6 November 2007, with a balance of term of four years, to expire on 6 November 2011; Counts 2 and 3: imprisonment for a fixed term of two years, to commence on 7 May 2006 and expire on 6 May 2008; Count 4: imprisonment with a non-parole period of five years, to commence on 7 May 2006, and expire on 6 May 2011, with a balance of term of four years, to expire on 6 May 2015; Counts 5 and 6: imprisonment with a non-parole period of six years, to commence on 7 November 2007, and expire on 6 November 2013, with a balance of term of five years to expire on 6 November 2018. The result is an overall head sentence of 15 years with an overall non-parole period of 10 years. The earliest date on which the applicant would be eligible for release on parole is 6 November 2013.
CATCHWORDS: application for leave to appeal against severity of sentences - pleas of guilty - aggravated break and enter and commit a serious indictable offence - two counts of indecent assault - three counts of aggravated sexual assault - supply prohibited drug - Form 1 offences - prior criminal record - principles of totality in sentencing - circumstances of aggravation - same aggravating factor in respect of four offences - need for caution to avoid duplication of punishment - accumulation of sentences discretionary - accumulation excessive - manifestly excessive effective head sentence and non-parole period
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