R v TWP [2006] NSWCCA 141

New South Wales Court of Criminal Appeal

CITATION: R v TWP [2006] NSWCCA 141

HEARING DATE(S): 6 February 2006

JUDGMENT DATE: 1 May 2006

JUDGMENT OF: Beazley JA at 1; Simpson J at 2; Rothman J at 3

DECISION: a Appeal allowed; b The sentences imposed by his Honour Judge Black QC of the District Court on 2 September 2005 be quashed and in lieu thereof, the following sentences be imposed: (i) Count 14: common assault – a fixed term of 18 months' imprisonment to commence on 2 September 2005 and expiring on 1 May 2007; (ii) Count 1: indecent assault – a fixed term of three years' imprisonment commencing 2 January 2006 and expiring on 1 January 2009; (iii) Count 10: incest – a fixed term of three years' imprisonment commencing 2 January 2007 and expiring on 1 January 2010; (iv) Count 12: aggravated indecent assault – imprisonment for three years commencing 2 January 2008 and expiring on 1 January 2011 with a non-parole period of 27 months' imprisonment commencing on 2 January 2008 and expiring on 1 April 2010; (v) Count 15: aggravated indecent assault – imprisonment for three years to commence on 2 January 2009 and expire on 1 January 2012 with a non-parole period of 27 months' imprisonment to commence on 2 January 2009 and expire on 1 April 2011; (vi) Count 2: sexual intercourse with a child between 10 and 16 years under authority – imprisonment for four years commencing 2 January 2010 and expiring on 1 January 2014 with a non-parole period of three years' imprisonment commencing 2 January 2010 and expiring 1 January 2013; (vii) Counts 3, 4, 5, 6, 7, 8 and 9: sexual intercourse with a child between 10 and 16 years under authority – for each, imprisonment for four years to commence on 2 February 2011 and expire on 1 February 2015 with a non-parole period of three years' imprisonment commencing on 2 February 2011 and expiring on 1 February 2014; (viii) Count 11: sexual intercourse with a child between 10 and 16 years under authority – imprisonment for four years to commence on 2 February 2013 and expire on 1 February 2017 with a non-parole period of three years' imprisonment commencing on 2 February 2013 and expiring on 1 February 2016; (ix) Count 13: sexual intercourse with a child between 10 and 16 years under authority – imprisonment for four years to commence on 2 February 2014 and expire on 1 February 2018 with a non-parole period of three years' imprisonment to commence on 2 February 2014 and expire on 1 February 2017; (x) Count 16: sexual intercourse with a child between 10 and 16 years under authority – imprisonment for four years to commence on 2 February 2015 and expire on 1 February 2019 with a non-parole period of two years' and seven months to commence on 2 February 2015 and expire on 1 September 2017; (xi) Count 17: sexual intercourse with a child between 10 and 16 years under authority – imprisonment for a period of five years to commence on 2 September 2016 and expire on 1 September 2021 with a non-parole period of one years' imprisonment to commence on 2 September 2016 and expire on 1 September 2017; c The respondent is sentenced to an overall effective sentence of a non-parole period of 12 years' imprisonment and is first eligible for release on parole on 1 September 2017, thereafter to be under the supervision of the Probation and Parole Service until 1 September 2021.