Banting v Regina [2006] NSWCCA 53

New South Wales Court of Criminal Appeal

CITATION: Banting v Regina [2006] NSWCCA 53 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 February 2006

JUDGMENT DATE: 10 March 2006

JUDGMENT OF: Grove J at 1; Rothman J at 2

DECISION: a Leave to appeal be granted; b The appeal is allowed; c The sentence imposed by his Honour Judge Marien SC of the District Court on 27 Janaury 2005 be quashed and, in lieu thereof, the following sentence be imposed: (i) Count One: assault in contravention of s.61 of the Crimes Act 1900 committed on 25 December 2002 – a sentence of six months commencing 28 December 2004 and expiring 27 June 2005; (ii) Count Three: larceny in contravention of s.117 of the Crimes Act 1900 committed on 16 March 2003 – a fixed term of 12 months' imprisonment commencing on 28 February 2005 and expiring on 27 February 2006; (iii) Count Two: sexual intercourse without consent committed on 16 March 2003 in contravention of s.61I of the Crimes Act 1900 – imprisonment for a non-parole period of 3 years commencing on 28 May 2005 and expiring on 27 May 2008 as part of a total sentence of six years commencing 28 May 2005 and expiring on 27 May 2011. ; d The Applicant will be eligible to be released on parole for the first time on 27 May 2008 at which time it is directed that the applicant be subject to supervision by the Probation and Parole Service and that the applicant comply with all reasonable directions of that service, particularly with respect to drug and alcohol counselling and anger management.

CATCHWORDS: Criminal Law - sentencing - past relationship - aggravated sexual assault - special knowledge - manifest excess - special circumstances - extended supervision