KING v REGINA [2008] NSWCCA 316

Reported Decision: 191 A Crim R 552

New South Wales Court of Criminal Appeal

CITATION: KING v REGINA [2008] NSWCCA 316

HEARING DATE(S): 14/07/08

JUDGMENT DATE: 17 December 2008

JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Fullerton J at 19

DECISION: Leave to appeal granted, appeal dismissed

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - sexual intercourse without consent - digital penetration - plea of guilty - whether sentence manifestly excessive

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

CASES CITED : Ibbs v The Queen (1987) 163 CLR 447 R v Way [2004] NSWCCA 131, 60 NSWLR 168

PARTIES: Robert Keith Matthew KING (applicant) Regina (respondent)

FILE NUMBER(S): CCA 2007/4050

COUNSEL: C Smith (applicant) L Lamprati SC (respondent)

SOLICITORS: S O'Connor (LAC) S Kavanagh (DPP)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/51/0134

LOWER COURT JUDICIAL OFFICER: Norrish DCJ

LOWER COURT DATE OF DECISION: 08/08/07

IN THE COURT OF CRIMINAL APPEAL 2007/4050

McCLELLAN CJ at CL HIDDEN J FULLERTON J

17 December 2008 Robert Keith Matthew KING v REGINA

Judgment 1 McCLELLAN CJ at CL: I agree with Hidden J. 2 HIDDEN J: The applicant, Robert Keith Matthew King, appeared for trial at the Lismore District Court upon an indictment alleging two counts of sexual intercourse without consent, said to have been committed against the same victim on the same occasion. He pleaded guilty to the first count, and that plea was accepted in discharge of the indictment. The offence, under s61I of the Crimes Act, carries a maximum sentence of 14 years imprisonment and a standard non-parole period of 7 years. He was sentenced to imprisonment for 5 years and 10 months, comprising a non-parole period of 4 years and 3 months and a balance of term of 1 year and 7 months. He seeks leave to appeal against that sentence.