A.J.B. v Regina [2007] NSWCCA 51

Reported Decision: 169 A Crim R 32

New South Wales Court of Criminal Appeal

CITATION: A.J.B. v Regina [2007] NSWCCA 51

HEARING DATE(S): 16/01/2007

JUDGMENT DATE: 5 March 2007

JUDGMENT OF: Adams J at 1; Howie J at 2; Price J at 41

DECISION: Application for leave to appeal is granted and the appeal is allowed. The sentences imposed in the District Court are quashed. In lieu the following sentences are imposed: (a) In respect of Counts 2 to 5 a sentence of imprisonment for 18 months to date from 9 March 2006 with a non-parole period of 9 months to expire on 8 December 2006; (b) In respect of Count 1 and taking into account the matters on the Form 1, a sentence of 2 years and 3 months to date from 9 December 2006 with a non-parole period of 9 months to expire on 8 September 2007 the date upon which the applicant is to be released to parole.

CATCHWORDS: Criminal Law - Sentencing - Child sexual assault offences committed 26 years earlier - after complaint in 1982 the applicant sought treatment and did not reoffend - whether sentence excessive according to sentencing practices in 1982 - whether availability of remissions relevant - special circumstances - relevance of practice in 1982 for fixing non-parole period.

Crimes Act 1900 - ss 76 (now repealed), 61E(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 44 Parole of Prisoners Act 1966 Sentencing Act 1989

R v Moon (2000) 117 A Crim R 497 R v MJR (2002) 54 NSWLR 368 R v Baxter (NSWCCA, unreported, 26 May 1994) R v Maclay (1990) 19 NSWLR 112 R v O'Brien [1984] 2 NSWLR 449 CASES CITED: R v Slater [2003] NSWCCA 178 Tatana v R [2006] NSWCCA 398 R v EGC [2005] NSWCCA 392 R v PLV (2001) 51 NSWLR 736 R v Portolesi [1972] 1 NSWLR 105 Power v The Queen (1974) 131 CLR 623 Deakin v The Queen (1984) 58 ALJR 367